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Alabama AG says he has the right to prosecute those who facilitate out-of-state abortions
Posted by RollTide1987
on 9/1/23 at 2:19 pm
32
20The gauntlet has been thrown down. Deus vult.
LINK
quote:
In a court filing Monday, attorneys for Attorney General Steve Marshall wrote that providing transportation for women in Alabama to leave the state to get an abortion could amount to a “criminal conspiracy.”
The court filing comes in response to lawsuits against Marshall that was filed in July from two women’s health centers and Yellowhammer Fund, an organization which says it provides “financial and practical support for those who are pregnant and require assistance.” The plaintiffs argue that Marshall violated their constitutional rights by publicly stating that organizations which help pregnant women in Alabama get an abortion out of state could be criminally investigated.
“Alabama can no more regulate out-of-state abortions than another state can deem its laws legalizing abortions to apply to Alabama,” the Yellowhammer Fund lawsuit argues.
Marshall is now asking Judge Myron Thompson to dismiss the lawsuit, saying that helping a woman avoid Alabama’s restrictions by facilitating an abortion elsewhere is a conspiracy.
“The conspiracy is what is being punished, even if the final conduct never occurs,” Marshall’s filing states. “That conduct is Alabama-based and is within Alabama’s power to prohibit.”
Alabama has one of the strictest abortion bans in the country. In the wake of the Dobbs Supreme Court decision last summer, several Republican-led states passed strict anti-abortion laws, while several others, including Alabama, that had passed so-called trigger laws anticipating an eventual overturn of Roe v. Wade saw their new restrictions go into effect.
LINK
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by BamaAtl on 9/1/23 at 2:22 pm to RollTide1987
on 9/1/23 at 2:22 pm to RollTide1987Republicans enjoying doing unConstitutional things.
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by Chancellor on 9/1/23 at 2:24 pm to BamaAtl
on 9/1/23 at 2:24 pm to BamaAtlquote:
Republicans enjoying doing unConstitutional things.
There’s nothing unConstitutional about this. Sorry you can’t murder little black babies, bitch.
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by Auburn1968 
on 9/1/23 at 2:25 pm to RollTide1987
on 9/1/23 at 2:25 pm to RollTide1987Stick to fighting the dems "birthday abortion" policies.
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by Perfect Circle on 9/1/23 at 2:26 pm to RollTide1987
on 9/1/23 at 2:26 pm to RollTide1987I'm anti-abortion, but this would be a dangerous precedent to begin.
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by TigerSprings 
on 9/1/23 at 2:29 pm to RollTide1987
on 9/1/23 at 2:29 pm to RollTide1987Sounds like felony murder to me.
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by Chancellor on 9/1/23 at 2:29 pm to RollTide1987
on 9/1/23 at 2:29 pm to RollTide1987quote:
“The conspiracy is what is being punished, even if the final conduct never occurs,” Marshall’s filing states. “That conduct is Alabama-based and is within Alabama’s power to prohibit.”
This is correct. It’s an easy decision.
However, Judge Thompson is a liberal activist- especially on the subject of murdering children.
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by TigerSprings on 9/1/23 at 2:30 pm to BamaAtl
on 9/1/23 at 2:30 pm to BamaAtlThe Alabama State Constitution?
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by AggieHank86 
on 9/1/23 at 2:32 pm to RollTide1987
on 9/1/23 at 2:32 pm to RollTide1987quote:It was just a matter of time. Zealots gonna zealot.
Alabama AG says he has the right to prosecute those who facilitate out-of-state abortions
Is Alabama also paying $10,000 "bounties" to people who rat them out, like Texas?
Imagine that Rhode Island criminalized eating beef, and then prosecuted anyone who crossed the state line to eat a steak.
(some genius will now assert that I claimed the situations were identical, rather than analogous)
This post was edited on 9/1 at 2:37 pm
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re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by Chancellor on 9/1/23 at 2:34 pm to AggieHank86
on 9/1/23 at 2:34 pm to AggieHank86quote:
Is Alabama also paying "bounties" to people who rat them out, like Texas?
I wish.
Hopefully, we will be, soon.
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by boosiebadazz on 9/1/23 at 2:34 pm to Chancellor
quote:
There’s nothing unConstitutional about this
Full faith and credit clause? Federalism? State sovereignty?
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by Chancellor on 9/1/23 at 2:34 pm to boosiebadazz
on 9/1/23 at 2:34 pm to boosiebadazzquote:
Full faith and credit clause? Federalism? State sovereignty?
The conspiracy is the crime being punished.
State sovereignty isn’t violated. The conspiracy happens in Alabama.
You’re welcome.
This post was edited on 9/1 at 2:35 pm
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by Tandemjay on 9/1/23 at 2:35 pm to RollTide1987
Is this guy GOPe? Is he trying to throw the coming election using abortion like Miss Lindsey did in 2022?
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by boosiebadazz on 9/1/23 at 2:48 pm to Chancellor
I can’t think of another historical analogue of trying to punish a conspiracy to commit an act that is perfectly legal where you intend to commit it.
I can think of the Pandora’s box this would open up and I’m curious how SCOTUS would see it.
Under this rationale, Texas could punish its citizens for conspiracy to cross the border and gamble in Lake Charles.
I can see dormant commerce clause issues there.
I can think of the Pandora’s box this would open up and I’m curious how SCOTUS would see it.
Under this rationale, Texas could punish its citizens for conspiracy to cross the border and gamble in Lake Charles.
I can see dormant commerce clause issues there.
This post was edited on 9/1 at 2:52 pm
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by RogerTheShrubber on 9/1/23 at 2:49 pm to RollTide1987
on 9/1/23 at 2:49 pm to RollTide1987quote:
In a court filing Monday, attorneys for Attorney General Steve Marshall wrote that providing transportation for women in Alabama to leave the state to get an abortion could amount to a “criminal conspiracy.”
Hes a dumbass and more damaging to his cause than enlightening.
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by kingbob on 9/1/23 at 2:49 pm to RollTide1987
on 9/1/23 at 2:49 pm to RollTide1987I don’t like this from a states’ rights perspective. This is going to open up a really bad can of worms by slickening a slew of slippery slopes.
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by RogerTheShrubber on 9/1/23 at 2:50 pm to Perfect Circle
on 9/1/23 at 2:50 pm to Perfect Circlequote:
I'm anti-abortion, but this would be a dangerous precedent to begin.
Especially when the argument has been that its a state vs federal issue.
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by AggieHank86 on 9/1/23 at 2:52 pm to boosiebadazz
on 9/1/23 at 2:52 pm to boosiebadazzquote:"Recreational marijuana is legal in Colorado, so Jim is going to Colorado to ski and get high!!!!"
I can’t think of another historical analogue of trying to punish a conspiracy to commit an act that is perfectly legal where you intend to commit it.
Alabama: "Jim, hold on. We are arresting you and everyone who helped you get to Colorado, because recreational use of the Devil's Lettuce is illegal here in the great state of Alabama."
This post was edited on 9/1 at 3:06 pm
re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortionsPosted by TigerDoc on 9/1/23 at 2:52 pm to boosiebadazz
on 9/1/23 at 2:52 pm to boosiebadazzquote:
I can’t think of another historical analogue of trying to punish a conspiracy to commit an act that is perfectly legal where you intend to commit it.
Fugitive slave act?
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