A federal judge has blocked an Alabama abortion ban that would have made the procedure a felony at any stage of pregnancy in almost all cases.
U.S. District Judge Myron Thompson on Tuesday issued a preliminary injunction blocking Alabama from enforcing the law, which would have called for a sentence of 10 years to life in prison for the abortion provider.
Alabama legislators approved the measure this year, hoping to mount a court challenge to abortion rights. Abortion providers sued to stop the law from going into effect next month.
Here is the conclusion of Judge Thompsons order:
Alabama’s abortion ban contravenes clear Supreme Court precedent. It violates the right of an individual to privacy, to make “choices central to personal dignity and autonomy.” Casey, 505 U.S. at 851
(opinion of the Court). It diminishes “the capacity of women to act in society, and to make reproductive decisions.” Id. at 860. It defies the United States Constitution.
The court will, therefore, enter an appropriate order preliminarily enjoining enforcement of the Act as applied to pre-viability abortion. Further, the court, in its discretion, will waive the bond requirement of Fed. R. Civ. P. 65(c). See BellSouth Telecommunications v. MCIMetro Access Transmission Servs., LLC, 425 F.3d 964, 971 (11th Cir. 2005).
Attorney General Steve Marshall released the following statement in response to the federal district court order:
“The district court’s decision to grant the plaintiffs’ request for a preliminary injunction of Alabama’s 2019 abortion law as to pre-viability abortions was not unexpected. As we have stated before, the State’s objective is to advance our case to the U.S. Supreme Court where we intend to submit evidence that supports our argument that Roe and Casey were wrongly decided and that the Constitution does not prohibit states from protecting unborn children from abortion.”