Abortion rights groups sue to block Alabama's near-total ban

Abortion rights groups sue to block Alabama's near-total ban

MONTGOMERY, Ala. – Alabama's near-total abortion ban is headed to court.

Planned Parenthood Southeast, the American Civil Liberties Union (ACLU) and the ACLU of Alabama on Friday filed a long-promised lawsuit against the law signed by Gov. Kay Ivey on May 15, saying it was unconstitutional and a threat to womens' health.

“Abortion has been safe and legal in this country for more than 45 years and we aim to keep it that way," Staci Fox, the president and CEO of Planned Parenthood Southeast, said in a statement. "We are protecting the rights of our patients. We are defending the work of the brave folks who came before us. And we are fighting to take this country forward, not backwards.”

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The lawsuit gives supporters of Alabama's ban what they said they've wanted: A case that they think they can take to the U.S. Supreme Court as a challenge to Roe v. Wade, the 1973 U.S. Supreme Court decision that struck down state bans on first-trimester abortion.

The law, sponsored by Rep. Terri Collins, R-Decatur, makes it a felony, punishable by 10 to 99 years or life in prison, for anyone to perform an abortion. Attempting to perform an abortion would also be a felony, punishable by one to 10 years in prison. The woman who sought the abortion would not be held criminally liable.

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The only exceptions allowed under the law – which goes into effect in November – would be the health of the mother; a mental illness that could result in a woman's death or a child's death if she gives birth; or if a fetus had a lethal anomaly.

Alabama's law contains no exceptions for rape and incest. The Alabama House of Representatives and the state Senate, both of which have Republican supermajorities, overwhelmingly rejected attempts from Democrats to include those exceptions in the law.

Collins argues that the ban was designed specifically to challenge Roe v. Wade, and that including those exceptions would weaken their argument for fetal personhood.

Both supporters and opponents of the law expect lower federal courts to block the ban from going into effect. Ivey acknowledged that in a statement issued after she signed the law.

"No matter one’s personal view on abortion, we can all recognize that, at least for the short term, this bill may similarly be unenforceable," the statement said. "As citizens of this great country, we must always respect the authority of the U.S. Supreme Court even when we disagree with their decisions."

Rep. Terri Collins reacts to the passage on HB314, the near-total ban on abortion bill, in Montgomery, Ala., on Tuesday May 14, 2019.
Rep. Terri Collins reacts to the passage on HB314, the near-total ban on abortion bill, in Montgomery, Ala., on Tuesday May 14, 2019.

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Collins has argued that if the Supreme Court strikes down Roe v. Wade, the state could create a new abortion law that includes exceptions for rape and incest, which she says she supports. Doing that in a post-Roe world could be complicated by a state constitutional amendment, approved by voters last fall, that says there is no right to an abortion in the Alabama Constitution.

The ban sparked protests throughout Alabama and brought national condemnation, including calls to boycott Alabama businesses.

The lack of exceptions for sexual assault victims brought criticism from conservative quarters, including President Donald Trump who said he did not support Alabama's ban due to a lack of exceptions for rape and incest.

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Passage of the law also led to a surge of donations to the Yellowhammer Fund, a Tuscaloosa-based group which provides financial support to women seeking reproductive health care.

A rally against HB314, the near-total ban on abortion bill, outside of the Alabama Statehouse in Montgomery, Ala., on Tuesday May 14, 2019.
A rally against HB314, the near-total ban on abortion bill, outside of the Alabama Statehouse in Montgomery, Ala., on Tuesday May 14, 2019.

There are three clinics currently providing abortion services in Alabama, located in Huntsville, Tuscaloosa, and Montgomery. Planned Parenthood operates clinics in Birmingham and Mobile that are currently closed for renovations.

A woman seeking an abortion in the state of Alabama must first submit to mandatory counseling, then wait 48 hours before undergoing the procedure. A sonogram is also required.

The Alabama Department of Public Health said 6,768 abortions took place in the state in 2017: 56% took place before the eighth week of pregnancy, and 63% of women who sought abortions in Alabama in 2017 had already given birth at least once before.

The Alabama ban is part of a wave of similarly restrictive abortion legislation pushed by anti-abortion activists around the country. Kentucky, Georgia, Ohio and Mississippi have passed bills effectively banning abortion this year. On Friday, Missouri Gov. Mike Parson signed a bill banning abortion in that state after eight weeks.

This article originally appeared on Montgomery Advertiser: Abortion rights groups sue to block Alabama's near-total ban