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BumRushDaShow

(169,747 posts)
Thu Aug 31, 2023, 09:30 AM Aug 2023

Alabama attorney general says he has right to prosecute people who facilitate travel for abortions

Source: CNN Politics

CNN — Alabama’s 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 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.

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".

ArtI.S8.C3.1 Overview of 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 Court’s 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 Congress’s 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/

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Alabama attorney general says he has right to prosecute people who facilitate travel for abortions (Original Post) BumRushDaShow Aug 2023 OP
These people are wacko. Crime is a local jurisdiction, not an out of state one. bucolic_frolic Aug 2023 #1
The rwnj alabama ag is part of a rw conspiracy Marthe48 Aug 2023 #2
Talibangelicals... GB_RN Aug 2023 #3
It's always men nwduke Aug 2023 #4
It is unconstitutional and the AG knows it. madaboutharry Aug 2023 #5
Don't these Republican AG's have something better to do than come up with this crap? NM Grins Aug 2023 #6
Probably not. it's Alabama. Aristus Aug 2023 #26
Well, good luck enforcing that. Wednesdays Aug 2023 #7
It sounds like he wants to prosecute organizations that support women's healthcare BumRushDaShow Aug 2023 #9
Given Tuberville is from Alabama ... SomewhereInTheMiddle Aug 2023 #17
I figure that is part of this as a "test" BumRushDaShow Aug 2023 #18
The military will simply stop sending soldiers to Alabama. pecosbob Sep 2023 #32
Always goes to the most extreme with the GOP Johnny2X2X Aug 2023 #8
if he ever travels to a blue state moonshinegnomie Aug 2023 #10
Just require all Alabaman fertile females to wear ankle bracelets and require pregnancy tests Freethinker65 Aug 2023 #11
Chastity belts! Gotta be belts! machoneman Aug 2023 #19
The problem is the radical religious fundamentalists believe SCOTUS is in their corner. And they Walleye Aug 2023 #12
What are they going to do? Arrest bus drivers? Farmer-Rick Aug 2023 #13
Waltons are in Arkansas, not Alabama. nt Brenda Sep 2023 #35
Yeah, I always get that wrong Farmer-Rick Sep 2023 #39
So if someone buys an assault rifle in Alabama and commits a mass murder in New York, Ray Bruns Aug 2023 #14
Better yet prosecute the state of Alabama for allowing it to happen. LiberalFighter Aug 2023 #16
Never occurred to this idiot or other ballybamma men that your live birth rate is in the tank PortTack Aug 2023 #15
Fugitive Slave Laws. malthaussen Aug 2023 #20
The difference in that case BumRushDaShow Aug 2023 #21
Yes, after the States found out they wouldn't get cooperation from the North... malthaussen Aug 2023 #24
Most certainly BumRushDaShow Aug 2023 #25
They are Farmer-Rick Sep 2023 #40
airlines should stop flying to alabama dembotoz Aug 2023 #22
Still not buying this BS... MissMillie Aug 2023 #23
Dred Scott II Coming Soon to Amerikkka Voltaire2 Aug 2023 #27
So sick of it! Jean Genie Aug 2023 #28
This message was self-deleted by its author flying_wahini Aug 2023 #29
Fuck him Yo_Mama_Been_Loggin Aug 2023 #30
Like hell he does Warpy Sep 2023 #31
Pre Roe v. Wade, did anyone prosecute those travelling to jurisdictions where abortion was legal? muriel_volestrangler Sep 2023 #33
Fascists have no shame! Emile Sep 2023 #34
Thanks Sarandon. Thanks Nina. Thanks Mitch. Thanks Stein. Thanks Cornel. Oopsie Daisy Sep 2023 #36
Steve Marshall a new commander, in control of the breeding colony. sarcasmo Sep 2023 #37
Backwards shithole Oneironaut Sep 2023 #38

bucolic_frolic

(55,136 posts)
1. These people are wacko. Crime is a local jurisdiction, not an out of state one.
Thu Aug 31, 2023, 09:36 AM
Aug 2023

I don't see them going after thieves planning a bank heist or smash and grab out of state.

Marthe48

(23,175 posts)
2. The rwnj alabama ag is part of a rw conspiracy
Thu Aug 31, 2023, 09:37 AM
Aug 2023

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)
3. Talibangelicals...
Thu Aug 31, 2023, 09:39 AM
Aug 2023

Showing why the state has earned the nickname, Talibama.

Your religion only prevents you from doing something, not me.”

nwduke

(508 posts)
4. It's always men
Thu Aug 31, 2023, 09:45 AM
Aug 2023

who want to regulate women’s health! (The hypocrisy of the so called hypocritical “Freedom Caucus”) VOTE BLUE!

madaboutharry

(42,033 posts)
5. It is unconstitutional and the AG knows it.
Thu Aug 31, 2023, 09:48 AM
Aug 2023

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.

Aristus

(72,187 posts)
26. Probably not. it's Alabama.
Thu Aug 31, 2023, 03:51 PM
Aug 2023

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)
7. Well, good luck enforcing that.
Thu Aug 31, 2023, 10:01 AM
Aug 2023

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)
9. It sounds like he wants to prosecute organizations that support women's healthcare
Thu Aug 31, 2023, 10:11 AM
Aug 2023

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.

17. Given Tuberville is from Alabama ...
Thu Aug 31, 2023, 10:52 AM
Aug 2023

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)
18. I figure that is part of this as a "test"
Thu Aug 31, 2023, 11:02 AM
Aug 2023

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)
32. The military will simply stop sending soldiers to Alabama.
Fri Sep 1, 2023, 04:57 AM
Sep 2023

That's why Alabama lost Space Command headquarters to Colorado.

Johnny2X2X

(24,207 posts)
8. Always goes to the most extreme with the GOP
Thu Aug 31, 2023, 10:06 AM
Aug 2023

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)
10. if he ever travels to a blue state
Thu Aug 31, 2023, 10:14 AM
Aug 2023

it like to see that state arrest him for interfering with travel to that state.

Freethinker65

(11,203 posts)
11. Just require all Alabaman fertile females to wear ankle bracelets and require pregnancy tests
Thu Aug 31, 2023, 10:15 AM
Aug 2023

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.

Walleye

(44,804 posts)
12. The problem is the radical religious fundamentalists believe SCOTUS is in their corner. And they
Thu Aug 31, 2023, 10:15 AM
Aug 2023

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)
13. What are they going to do? Arrest bus drivers?
Thu Aug 31, 2023, 10:35 AM
Aug 2023

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.

Farmer-Rick

(12,667 posts)
39. Yeah, I always get that wrong
Fri Sep 1, 2023, 09:25 AM
Sep 2023

But the Waltons money also supports Alabama forced birth agenda. And they probably share similar politics between the states.

Ray Bruns

(6,362 posts)
14. So if someone buys an assault rifle in Alabama and commits a mass murder in New York,
Thu Aug 31, 2023, 10:44 AM
Aug 2023

The seller can be prosecuted for the conspiracy to commit murder?

PortTack

(35,820 posts)
15. Never occurred to this idiot or other ballybamma men that your live birth rate is in the tank
Thu Aug 31, 2023, 10:45 AM
Aug 2023

Because of poor care and you are just making it worse.

BumRushDaShow

(169,747 posts)
21. The difference in that case
Thu Aug 31, 2023, 11:40 AM
Aug 2023

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/

Article IV, Section 2, Clause 3:

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 Amendment’s 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 Court’s 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)
24. Yes, after the States found out they wouldn't get cooperation from the North...
Thu Aug 31, 2023, 03:38 PM
Aug 2023

... 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

MissMillie

(39,652 posts)
23. Still not buying this BS...
Thu Aug 31, 2023, 01:19 PM
Aug 2023

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.

Jean Genie

(544 posts)
28. So sick of it!
Thu Aug 31, 2023, 05:17 PM
Aug 2023

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)

Warpy

(114,615 posts)
31. Like hell he does
Fri Sep 1, 2023, 12:33 AM
Sep 2023

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)
33. Pre Roe v. Wade, did anyone prosecute those travelling to jurisdictions where abortion was legal?
Fri Sep 1, 2023, 05:02 AM
Sep 2023

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?

Oopsie Daisy

(6,670 posts)
36. Thanks Sarandon. Thanks Nina. Thanks Mitch. Thanks Stein. Thanks Cornel.
Fri Sep 1, 2023, 07:06 AM
Sep 2023

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.

🙄🤢🤮

Oneironaut

(6,299 posts)
38. Backwards shithole
Fri Sep 1, 2023, 09:08 AM
Sep 2023

I wish these people would leave and go start the Taliban-style Theocracy they want to create, and, leave our country alone.

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