Alabama attorney general says he has right to prosecute people who facilitate travel for abortions
Source: CNN Politics
CNN Alabamas Republican attorney general said in a court filing that he has the right to prosecute people who make travel arrangements for pregnant women to have out-of-state abortions. 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 womens 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 Alabamas restrictions by facilitating an abortion elsewhere is a conspiracy.
Read more: https://www.cnn.com/2023/08/31/politics/alabama-attorney-general-abortion-prosecute/index.html
Full headline: Alabama attorney general says he has right to prosecute people who facilitate travel for out-of-state abortions
Two words. "Commerce Clause".
Article I, Section 8, Clause 3:
[The Congress shall have Power . . . ] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . .
The Commerce Clause gives Congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce. Early Supreme Court cases primarily viewed the Commerce Clause as limiting state power rather than as a source of federal power. Of the approximately 1,400 Commerce Clause cases that the Supreme Court heard before 1900, most stemmed from state legislation.1 As a consequence, the Supreme Courts early interpretations of the Commerce Clause focused on the meaning of "commerce" while paying less attention to the meaning of "regulate." During the 1930s, however, the Supreme Court increasingly heard cases on Congresss power to regulate commerce, with the result that its interstate Commerce Clause jurisprudence evolved markedly during the twentieth century.
https://constitution.congress.gov/browse/essay/artI-S8-C3-1/ALDE_00013403/
bucolic_frolic
(55,136 posts)I don't see them going after thieves planning a bank heist or smash and grab out of state.
Marthe48
(23,175 posts)To oppress women, destroy the U.S.A. so they rwnj can impose a dictatoship on the whole country. Religion is not a heart-felt belief, it is a cudgel in their rwnj tool kit.
GB_RN
(3,560 posts)Showing why the state has earned the nickname, Talibama.
Your religion only prevents you from doing something, not me.
nwduke
(508 posts)who want to regulate womens health! (The hypocrisy of the so called hypocritical Freedom Caucus) VOTE BLUE!
madaboutharry
(42,033 posts)The Alabama AG has no right to restrict the travel of pregnant women. It is ugly misogynistic theater for the purposes of rwnj resume building.
Grins
(9,459 posts)Aristus
(72,187 posts)Once one has grown tired of snipe hunts and watching paint dry, there's not much else to do. After all, no one calls Alabama the entertainment capital of America.
Wednesdays
(22,601 posts)What are they going to do, set up roadblocks on all highways leading out of the state? Marshals in airports?
"Hey, we think you're about to travel illegally out of state. Mind taking a little blood test?"
BumRushDaShow
(169,747 posts)probably with the "assumption" that they would find "transport" for a woman to receive certain medical treatment "out of state".
And this brings to mind whether similar idiocy of "politicians-as-doctors" happen for someone who might need, say, specialized neurological diagnostics/treatment/surgery/post-treatment care and the only place that offers it is "out of state", so they can be told that they "can't go out of state" for their medical care, and any medical facility that arranges the medivac/ambulance trips to that specialized facility, is in violation of the RW loon politician-as-doctor's nonsensical laws. Just. Because.
SomewhereInTheMiddle
(661 posts)I wonder if this is setting up a State v. US military in an Alabama court when the Army or AF pays for a service member's travel out of state for necessary healthcare.
McCarthy fell due to going after the Army too.
BumRushDaShow
(169,747 posts)It still goes back to COMMERCE CLAUSE. The states can't "regulate travel/transit/commerce" between states. There is no authority... unless they think the SCOTUS wants to continue to throw the Constitution out of the windows.
I think of learning in history about the whole thing with "mail" and "stamps" and each state having its own postal stamp to move mail, leading Congress to essentially "nationalize" the system (obviously still allowing private couriers), and even having their own currencies.
pecosbob
(8,385 posts)That's why Alabama lost Space Command headquarters to Colorado.
Johnny2X2X
(24,207 posts)On any issue, extremism wins out for them. So don't even listen when someone from that party talks about moderation in regards to abortion laws, they're not going to there. Find the most extreme Republican, and listen to them, because that's where the party will take the country if they get the power to do so. The South Carolina state rep who said he supports the death penalty for women who have abortion at any time during the pregnancy will be the mainstream Republican position within a year or 2.
If the GOP ever gets the power to do so, I truly believe we'll have women being executed in this country regularly for having had abortions, regardless of the circumstances of said abortions.
They are the American Taliban, the sooner the country understandds that, the better chance we'll have at avoiding fascism.
moonshinegnomie
(4,019 posts)it like to see that state arrest him for interfering with travel to that state.
Freethinker65
(11,203 posts)And require pregnancy tests before and after traveling out of state.
Alabaman males, of course, will continue to have the freedom to travel and fuck around in and out of state without being monitored.
machoneman
(4,128 posts)Walleye
(44,804 posts)They are going to try any hyper religious thing they can in their state so they can get it to the Supreme Court, which is very sympathetic to this crap. At the current moment
Farmer-Rick
(12,667 posts)Airplane pilots should be on the arrest list too. Imagine allowing pregnant woman to fly away from the red state forced birth police.
I'm surprised there is no daily shuttle out of the horror that is Alabama.
This is because the Waltons control so much of the politics in this state and the Waltons are the biggest contributors to forced birth organizations and campaigns. What wonders the filthy-rich bring to creating a dysfunctional society.
Brenda
(2,054 posts)Farmer-Rick
(12,667 posts)But the Waltons money also supports Alabama forced birth agenda. And they probably share similar politics between the states.
Ray Bruns
(6,362 posts)The seller can be prosecuted for the conspiracy to commit murder?
LiberalFighter
(53,544 posts)PortTack
(35,820 posts)Because of poor care and you are just making it worse.
malthaussen
(18,567 posts)The parallels are obvious.
-- Mal
BumRushDaShow
(169,747 posts)is that CONGRESS (federal government) passed that, so they were "regulating interstate commerce".
And that had originally been codified in the Constitution itself before being deprecated by the 13th Amendment - https://constitution.congress.gov/browse/essay/artIV-S2-C3-1/ALDE_00013571/
No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
This Clause, effectively nullified by the Thirteenth Amendments abolition of slavery,1 contemplated the existence of a right on the part of a slaveholder to reclaim an enslaved person who had escaped to another state.2 Following the debate on the constitutional provision requiring states to return felons who had fled from one state to another,3 Pierce Butler and Charles Pinckney of South Carolina moved "to require fugitive slaves and servants to be delivered up like criminals."4 Although James Wilson and Roger Sherman objected that this "would oblige the executive of the State to [seize fugitive slaves], at the public expense," the provision was approved by the Convention unanimously without further debate.5
Congress had the power to enact legislation enforcing the Clause,6 which it first did in 1793.7 Under the Supreme Courts interpretation of the Fugitive Slave Clause, the owner of an enslaved person had the same right to seize and repossess him in another state as the local laws of his own state granted to him, and state laws that penalized such a seizure were unconstitutional.8 Moreover, states had no concurrent power to legislate on the subject.9 However, a state statute providing a penalty for harboring an escaped slave was held not to conflict with the Clause because it did not affect the right or remedy of the slaveholder, but rather a rule of conduct for its own citizens in the exercise of states police power.10
malthaussen
(18,567 posts)... they extorted Congress to pass the law, establishing that slaves were commodities. I get the impression that the States now want to establish that women are commodities...
-- Mal
BumRushDaShow
(169,747 posts)Women are now back to being considered chattel for breeding.
Farmer-Rick
(12,667 posts)In that they take away your control over your own body and will.
dembotoz
(16,922 posts)heaven forbid someone buy a ticket on line
MissMillie
(39,652 posts)people are free to travel from state to state.
And if this Alabama AG chooses to, he can, as a passenger in a friend's car come up to Massachusetts for vacation and smoke a joint while he's here. It's perfectly legal. His friend won't face any charges for conspiracy to break Alabama laws.
Voltaire2
(15,377 posts)This court will enjoy that decision.
Jean Genie
(544 posts)REALLY?
HE does?
Because he knows personally the agonizing experience of having to endure an unwanted mistake of a pregnancy? Right?
How I wish everyone would GTFO of women's panties, leave the decision to the person who's likely to be the most affected by an unwanted pregnancy, and stop pretending to be such a baby-loving goddamn martyr!
A baby-loving goddamn fucking martyr, I might add, who's joyously happy to cut off taxpayer funding money for WIC programs, child care, maternal health support, etc. Oh, and funding boner pills (Viagra) for all those loving, caring, supportive men (frequently white) who want their sacred sperm ejaculated into some woman's baby-making apparatus, so that he can crow, and pass out cigars, and get patted on the back for being such a great dad!
Am I pissed that "they" want to control and legislate our bodies? Oh yeah - beyond pissed!
Response to BumRushDaShow (Original post)
flying_wahini This message was self-deleted by its author.
Yo_Mama_Been_Loggin
(135,705 posts)I'm sure many will donate to those accused.
Warpy
(114,615 posts)That language is pretty vague, does he mean IT people who maintain online ticket sales for travel? Motel owners in other states>
And just how the hell is ANY of this his business?
muriel_volestrangler
(106,208 posts)Either a state where it was, or another country? Or is this "your uterus is the property of the state you live in" attitude new, and more draconian than the 1950s and 60s?
Emile
(42,289 posts)Oopsie Daisy
(6,670 posts)And an especially huge thanks to those who couldn't bring themselves to do any more than the bare minimum (and sometimes nothing at all) to defeat Trump.
🙄🤢🤮
sarcasmo
(23,968 posts)Oneironaut
(6,299 posts)I wish these people would leave and go start the Taliban-style Theocracy they want to create, and, leave our country alone.