Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

BlueWaveNeverEnd

(14,710 posts)
Fri Sep 1, 2023, 01:10 AM Sep 2023

GOP Alabama AG Says He Has Right to Prosecute Women Who Aid Travel for Abortions

-----------------

In a court filing this week, lawyers for Marshall argued even making travel plans for someone to get an abortion amounts to criminal conspiracy.

"The conspiracy is what is being punished, even if the final conduct never occurs. That conduct is Alabama-based and is within Alabama’s power to prohibit," the filing for the attorney general reads.

Marshall is looking to dismiss a lawsuit brought against him by two women's health centers and an abortion rights advocacy group. They argued the attorney general violated their constitutional rights by saying they could be investigated for helping provide travel and plans out of state for abortion care, something the attorney general is sticking by.

Marshall made his comments during a radio show appearance in July.

"If someone was promoting themselves out as a funder of abortions out of state, then that is potentially criminally actionable for us," he said at the time.

https://www.msn.com/en-us/news/politics/gop-alabama-ag-says-he-has-right-to-prosecute-women-who-aid-travel-for-abortions/ar-AA1g2Tuu

9 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
GOP Alabama AG Says He Has Right to Prosecute Women Who Aid Travel for Abortions (Original Post) BlueWaveNeverEnd Sep 2023 OP
... No State shall make or enforce any law which shall abridge the privileges struggle4progress Sep 2023 #1
Kent v. Dulles, 357 U.S. 116 (1958) struggle4progress Sep 2023 #2
18 USC 241 struggle4progress Sep 2023 #3
United States v. Guest, 383 U.S. 745 (1966) struggle4progress Sep 2023 #4
Unless the SCOTUS decides women are like runaway slaves BlueWaveNeverEnd Sep 2023 #5
Can you conceive how broad this directive is? no_hypocrisy Sep 2023 #6
So if gambling is illegal in Alabama is it criminal conspiracy to plan a vacation to Las Vegas? Takket Sep 2023 #7
Bama, going to the whip in the Shithole Sweepstakes Celerity Sep 2023 #8
I hope everyone is paying attention ecstatic Sep 2023 #9

struggle4progress

(126,529 posts)
1. ... No State shall make or enforce any law which shall abridge the privileges
Fri Sep 1, 2023, 01:30 AM
Sep 2023

or immunities of citizens of the United States ... US Constitution, 14th Amendment

struggle4progress

(126,529 posts)
2. Kent v. Dulles, 357 U.S. 116 (1958)
Fri Sep 1, 2023, 01:33 AM
Sep 2023

... The right to travel is a part of the "liberty" of which the citizen cannot be deprived without due process of law under the Fifth Amendment ... In Anglo-Saxon law, that right was emerging at least as early as the Magna Carta ...

https://supreme.justia.com/cases/federal/us/357/116/

struggle4progress

(126,529 posts)
3. 18 USC 241
Fri Sep 1, 2023, 01:37 AM
Sep 2023

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same ...

They shall be fined under this title or imprisoned not more than ten years, or both ...

https://www.law.cornell.edu/uscode/text/18/241

struggle4progress

(126,529 posts)
4. United States v. Guest, 383 U.S. 745 (1966)
Fri Sep 1, 2023, 01:39 AM
Sep 2023

... The constitutional right to travel from one State to another, and necessarily to use the highways and other instrumentalities of interstate commerce in doing so, occupies a position fundamental to the concept of our Federal Union. It is a right that has been firmly established and repeatedly recognized ...

https://supreme.justia.com/cases/federal/us/383/745/

no_hypocrisy

(55,167 posts)
6. Can you conceive how broad this directive is?
Fri Sep 1, 2023, 06:02 AM
Sep 2023

If you allow an Alabaman pregnant woman to stay overnight at your home, you are subject to prosecution.

If you're a motel (same situation as above), you also are subject to prosecution.

What's next? If you allow an "escaped" pregnant woman to fill her tank with gas in another state? If you lend her money?

Takket

(23,759 posts)
7. So if gambling is illegal in Alabama is it criminal conspiracy to plan a vacation to Las Vegas?
Fri Sep 1, 2023, 06:06 AM
Sep 2023

ecstatic

(35,121 posts)
9. I hope everyone is paying attention
Fri Sep 1, 2023, 07:59 AM
Sep 2023

All of these GOP thugs need to be voted out. It's just a matter of how long it's going to take for everyone to understand that these laws aren't just harming so called "irresponsible" women. It would be downright foolish to become pregnant under these draconian circumstances.

Latest Discussions»General Discussion»GOP Alabama AG Says He Ha...