West Alabama Women's Center Et Al V. Marshall Et Al
Summary: The West Alabama Women's Center, Yashica Robinson, and the Alabama Women's Center initiated a lawsuit against Attorney General Steve Marshall and several district attorneys in Alabama. The plaintiffs, healthcare providers, are representing themselves, their patients, and their staff. The lawsuit was instigated in reaction to Alabama's Life Protection Act, a near-total abortion ban, which was enacted following the Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization. The plaintiffs contend that the ban has effectively criminalized the provision of abortions in Alabama, save for in very limited circumstances. They express apprehension about the potential misuse of a 1896 provision of Alabama's conspiracy law (Section 13A-4-4) to prosecute those aiding individuals in legally crossing state lines to access abortion care outside of Alabama. They maintain that no Alabama law sanctions such prosecutions and that it would constitute an egregious overextension of state power, infringing upon the Due Process Clause, the First Amendment, and the fundamental constitutional right to travel. The lawsuit also concerns the potential criminalization of actions related to out-of-state activities that are legal in the state where they transpire. The plaintiffs assert that neither the Life Protection Act nor the 1896 Law were designed to criminalize speech and conduct related to out-of-state activities that are legal in the state where they take place. They argue that utilizing the 1896 law to prosecute speech or conduct that aids those seeking to obtain an out-of-state abortion, which is legal in the state where it is provided, would contravene fundamental Due Process principles of notice, foreseeability, and the right to fair warning. The plaintiffs are seeking declaratory and injunctive relief, including a declaration that these laws cannot be used to prosecute otherwise lawful speech or conduct intended to assist Alabamians in crossing state lines to access abortion care in a state where abortion is legal. They are also seeking an injunction to prevent the defendants from enforcing or threatening to enforce such laws in this manner.
Read Next