Federal judge blocks the Alabama abortion ban, keeping the procedure legal in all 50 states while upholding state law as & # 39; probably unconstitutional & # 39; enforces
- Legislation making it a crime for doctors to perform abortions in nearly all cases would come into force in Alabama on November 15
- The ACLU and Planned Parenthood have filed a lawsuit over the ban, the strictest adopted so far in the US
- A federal judge temporarily blocked the legislation on Tuesday
- Judge Myron Thompson said he expects the case to go to the Supreme Court and that the law ruled unconstitutional
A federal judge has temporarily halted Alabama's attempt to effectively ban abortions in its tracks in a Tuesday order.
Alabama & # 39; s Human Life Protection Act, which would make it a crime for a doctor to perform an abortion unless the life of a woman was in immediate danger, would enter into force on November 15.
Judge Myron Thompson's order came as a result of a lawsuit filed by the American Civil Liberties Union (ACLU) and Planned Parenthood and claimed that the legislation is unconstitutional.
The order, issued by Judge Thompson of the Alabama Central District Court, will suspend the Human Life Protection Act, expecting the case to reach the Supreme Court, AL.com reported.
For the time being, the ruling means that abortion remains legal in all 50 US states, as established by the historic Roe v Wade Supreme Court case.
A federal judge has temporarily blocked a law that makes it illegal for doctors to perform almost all abortions in Alabama next month. Pictured: protesters who gathered against the law in Alabama in May when the Human Life Protection Act was passed in May (file)
Should Alabama prevail, the now-stalled law would make it the first state in the US where abortion is illegal.
& # 39; The court is convinced that the plaintiffs are likely to succeed in demonstrating that the law violates a person's constitutional right to obtain a pre-viable abortion, and thus violates her constitutional rights & # 39 ;, Judge Thompson said in his order for a provisional provision according to AL.com against the legislation.
The law on the protection of human life was signed on 15 May and is closest to a total ban on abortions since the Roe / Wade decision of 1973.
The Alabama law would make it a crime, to live up to prison, for a doctor to perform an abortion at any stage of abortion, unless the fetus was likely to be stillborn or die shortly after birth, or as a pregnancy the life of the woman in serious danger.
It contains no exceptions for rape or incest.
Despite widespread outrage, protests and a fierce debate, the bill passed the Alabama House and the Senate handily and was signed on May 15 by Governor Kay Ivey, the day after it was greened by the Senate.
As done against other laws that limit abortions – including so-called & # 39; heart rate bans & # 39; adopted in Georgia, Texas, Missouri, Louisiana and other states – the ACLU wasted no time filing a lawsuit against Alabama.
Tuesday's order will ensure that the case can move forward and upward through the legal system – possibly including the Supreme Court – before it enters into force.
Alabama Attorney General Steve Marshall has long been prepared for that possibility.
He reacted in no uncertain terms to the ACLU and Planned Parenthood series in August and announced that he intended to challenge Roe v Wade.
Judge Thompson's order suggests his skepticism that Marshall and Alabama will succeed – a feeling shared and reflected by the Alabama ACLU executive director, Randal Marshall.
& # 39; As expected, the court has blocked the law and it will not take effect. Abortion remains legal in Alabama, & he told AL.com.
& # 39; The repeated attempts by the state to keep abortion out of reach by introducing unconstitutional laws that limit abortions have already cost taxpayers nearly $ 2.5 million. & # 39;
& # 39; This poorly advised law will cost the taxpayer more money. & # 39;
Staci Fox, president of Planned Parenthood Southeast Advocates, said the order was a & # 39; victory for the entire nation & # 39; is.
It comes as a hearing in Missouri this week weighs the fate of the state's last abortion clinic.
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