Alabama AG Sued For Threatening Charges If Groups Arrange Out-Of-State Abortion Travel

Topline

A group that primarily helps and funds Alabama residents who need abortions sued the state Attorney General on Monday for threatening to prosecute anyone who assists residents traveling out of state for an abortion, arguing his comments forced the group “to stop operating its abortion fund due to fear of prosecution.”

A file folder with the label “minor” sits on the desk of Dr. Leah Torres at the West Alabama Women’s … [+] Center in Tuscaloosa, Ala., on Monday, March 14, 2022. The clinic is suing Alabama’s Attorney General over his threats to prosecute those who help people find out-of-state abortion care. (AP Photo/Allen G. Breed)

Associated Press

Key Facts

The Yellowhammer Fund, represented by The Lawyering Project, said in a statement Republican Attorney General Steve Marshall’s threats—made in a radio interview last year—“violate (its) constitutional rights to free expression, association, travel, and due process and intrude on the sovereignty of states where abortion is legal.”

The Yellowhammer Fund helps pregnant people with funding and “practical support” if they’re forced to leave their home state and travel to access legal abortions—Alabama has banned abortion except in cases of life endangerment and health of the patient.

In his threat to prosecute these groups, the Yellowhammer suit alleges Marshall “specifically referenced the accessory liability and conspiracy provisions of Alabama law as the basis for prosecuting abortion funds.”

The Fund is asking a federal court to declare Marshall’s threats unconstitutional, prohibit them from being enforced, and pay the group’s legal fees.

Another related lawsuit was filed against Marshall Monday by the West Alabama Women’s Center—represented by the American Civil Liberties Union—which said it’s been forced to stop providing “critical information, counseling (and) practical support” to people trying to obtain medical care outside of Alabama.

Amanda Priest, Marshall’s communications director, told Forbes Marshall “will continue to vigorously enforce Alabama laws protecting unborn life which include the Human Life Protection Act. That includes abortion providers conspiring to violate the Act.”

Crucial Quote

Last August, Marshall said in a radio interview: “If someone was promoting themselves out as a funder of abortions out of state, that is potentially criminally actionable for us. If there are groups promoting this as part of their services, we will be taking a look at that.”

Key Background

Alabama’s abortion ban was passed in 2019 but held up in court until the Supreme Court overturned Roe v. Wade in June 2022. The law banned abortions unless the life or health of the patient is endangered, and there are no exceptions for rape or incest. There are reports of the Yellowhammer Fund stopping some services in July 2022 shortly after the law went into effect for “safety and security” reasons, though the group said it would consult legal assistance on how to keep serving residents. Alabama Public Health reported in 2021, prior to the abortion ban being in effect, nearly 2,000 people traveled out of state to obtain needed abortion care and almost 6,500 were done in the state. According to the New York Times, most abortions are banned in 14 states across the country, though it remains legal in 26 states; the other 10 states ban some abortions or have had bans blocked by the courts.

Contra

Supreme Court Justice Brett Kavanuagh—one of the Trump appointees who voted in favor of overturning Roe v. Wade—said in his concurring opinion on the matter that he didn’t believe states that banned abortion could prevent residents from traveling to other states to access care because of “the constitutional right to interstate travel.”

Tangent

The Yellowhammer Fund said this is the second civil rights lawsuit filed this month—other than the West Alabama Women’s Center suit—that challenges a state’s attempt to violate the right to travel for an abortion. The Lawyering Project has also filed suit in Idaho challenging a law that criminalizes helping young people locate abortion care without their parents knowing. Idaho became the first state to restrict interstate travel for abortion earlier this year.