ALABAMA (WHNT) – A federal judge has granted an emergency motion filed by Attorney General Steve Marshall to dissolve the injunction on Alabama’s abortion ban.
Friday morning, the U.S Supreme Court ruled on the Dobbs vs. Jackson Women’s Health Organization case which centered on a Mississippi law that bans most abortions after 15 weeks of pregnancy.
The Supreme Court in a 6-3 vote overturned the 1973 ruling in Roe vs. Wade that legalized abortion across the nation and the 1992 ruling in Planned Parenthood of Southeastern Pennsylvania vs. Casey that affirmed abortion rights but said the states could enact limited restrictions.
“The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Judge Samuel Alito said in his majority opinion document.
In 2019 the Alabama Legislature passed a law that would make performing an abortion at any stage of pregnancy a felony punishable by 10 to 99 years or life in prison for the provider with no exception made for rape or incest. The only exception would be when the mother’s health is at serious risk.
A lawsuit was filed by several women’s centers across the state and Planned Parenthood on the basis that the law violates patients’ due process to privacy citing Roe and Casey as precedent. A federal judge agreed and placed an injunction blocking the abortion ban until the lawsuit went through the court system.
Attorney General Steve Marshall released a statement after the injunction against Alabama’s Human Life Protection Act was lifted.
“The State of Alabama’s emergency motion to lift the injunction and reinstate Alabama’s 2019 law, which prohibits abortions in most instances, has been granted,” said Attorney General Marshall. “Both the federal district court and the plaintiffs recognized that there is no basis for a continued stay of the duly-enacted law in light of the U.S. Supreme Court’s decision in Dobbs v Jackson Women’s Health Organization. Thus, Alabama’s law making elective abortions a felony is now enforceable. Anyone who takes an unborn life in violation of the law will be prosecuted, with penalties ranging from 10 to 99 years for abortion providers.”
During a conference call, Friday at 3 p.m. federal Judge Myron H. Thompson ruled to dissolve the injunction.