U.S. District Judge Myron Thompson ruled on Monday any prosecution by Alabama Attorney General Steve Marshall of Alabama organizations that facilitate and fund out-of-state abortions for Alabama women is "unlawful."
State law bans abortions in Alabama.
The Yellowhammer Fund, an Alabama organization that facilitates out-of-state abortions, sued Attorney General Steve Marshall over comments he made in 2022, arguing groups who help arrange and fund out-of-state abortions could be held criminally liable.
Thompson said in a ruling on Monday, "The court has found that the Attorney General's threatened prosecutions violate the right to travel and the First Amendment."
"But the broader, practical implications of the Attorney General's threats should not be overlooked. If Alabama held the power its Attorney General asserts here, it is hard to envision a limiting principle besides what the Attorney General personally sees as permissible and impermissible. It is one thing for Alabama to outlaw by statute what happens in its own backyard. It is another thing for the State to enforce its values and laws, as chosen by the Attorney General, outside its boundaries by punishing its citizens and others who help individuals travel to another State to engage in conduct that is lawful there but the Attorney General finds to be contrary to Alabama's values and laws. For example, the Alabama Attorney General would have within his reach the authority to prosecute Alabamians planning a Las Vegas bachelor party, complete with casinos and gambling, since casino-style gambling is outlawed in Alabama. As the adage goes, be careful what you pray for," Thompson said.
A spokesperson for Marshall didn’t immediately return a request for comment.
Thompson Ruling by Caleb Taylor on Scribd
Thompson was nominated to the Middle District of Alabama in September 1980 by President Jimmy Carter.
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