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Federal Judge Blocks Alabama Abortion Ban, Says it 'Defies the United States Constitution'

  • Kayla Koslosky Former Editor
  • Updated Oct 30, 2019
Federal Judge Blocks Alabama Abortion Ban, Says it 'Defies the United States Constitution'

On Tuesday a federal judge in Alabama blocked the state’s near-total abortion ban.

According to the Associated Press, U.S. District Judge Myron Thompson issued an injunction to temporarily halt the Human Life Protection Act from going into effect. The law was set to take effect on November 15. 

Thomas issued the preliminary injunction after abortion providers filed a lawsuit challenging the law’s constitutionality. Thomas’ injunction will remain in effect until she can hear the case.

Along with her injunction, Thomas wrote an opinion noting that she believes the law contradicts the constitution.

She wrote, “Alabama’s abortion ban contravenes clear Supreme Court precedent. It violates the right of an individual to privacy, to make choices central to personal dignity and autonomy. It diminishes the capacity of women to act in society, and to make reproductive decisions. It defies the United States Constitution.”

As Christian Headlines previously reported, the Human Life Protection Act would nearly ban all abortions in the state of Alabama. The law – which was sponsored by Republican Representative Terri Collins – would classify abortion as a Class A felony and threatens anyone who performs an abortion with a sentence in prison of up to 99 years.  

The law does not make exceptions in the cases of rape or incest, though it does make exceptions for women facing serious health risks or when the unborn baby has a lethal abnormality.

According to the AP, abortion bans in the state have also been blocked in other courts. In some places, too, the bans have been temporarily halted while decisions are reached in separate lawsuits.

Alabama Attorney General Steve Marshall said in a statement that the hope is that the Human Life Protection Act will get the attention of the Supreme Court. “As we have stated before, the state’s objective is to advance our case to the U.S. Supreme Court where we intend to submit evidence that supports our argument that Roe and Casey were wrongly decided and that the Constitution does not prohibit states from protecting unborn children from abortion,” he said.

At this time, none of the abortion bans have gone into effect in Alabama.

Photo courtesy: Getty Images/Zimmy Tws