Sexual Health

The Alabama Legal professional Basic Has Teed Up One other Constitutional Disaster

This piece first appeared in our weekly e-newsletter, The Fallout. Please think about donating right this moment to assist us inform the story of reproductive freedom into 2024. We want you now!

Virtually as quickly because the ink was dry on the choice to overturn Roe v. Wade final yr, conservative attorneys common had been cooking up methods to try to additional limit the rights of individuals searching for an abortion of their state.

Considered one of their first targets? Making an attempt to dam pregnant of us’ potential to depart a state for abortion care. To Alabama Legal professional Basic Steve Marshall, it meant thumbing his nostril on the constitutional proper to journey and threatening to criminally prosecute anybody who helped Alabamians get care in one other state.

Not solely is that this a brazen abuse of the prison course of, however it has additionally teed up one other constitutional disaster following the Dobbs v. Jackson Ladies’s Well being Group resolution that’s sufficiently big to get the Biden administration’s consideration.

Every week in the past, the Division of Justice took an necessary step and filed a assertion of curiosity in a set of lawsuits filed by abortion care advocates in Alabama making an attempt to forestall Marshall’s threatened prison prosecutions. The submitting raises the stakes in litigation that was already taking form as a few of the most necessary checks because the Dobbs resolution.

The submitting can be an aggressive protection of what’s left of the constitutional rights of pregnant folks after the Supreme Court docket tossed them apart in 2022 as a result of a majority of the justices on the Court docket might. And it’s a welcome little bit of offense from an administration that has too usually taken a path of minimal interference within the post-Dobbs fallout.

It’s additionally simply straight-up good advocacy from the DOJ, together with figuring out when and learn how to quote the Dobbs resolution in its favor right here.

“As Justice Kavanaugh has explained, the question of whether a State may ‘bar a resident of that State from traveling to another State to obtain an abortion’ is ‘not especially difficult’—‘the answer is no based on the constitutional right to interstate travel,’” the transient states.

Justice Brett Kavanaugh, you would possibly keep in mind, was a part of the conservative majority that voted to overturn Roe within the Dobbs resolution and who pinky swore that doing so wouldn’t contact every other basic rights—like the fitting to journey. It’s unbelievable to see the Division of Justice name conservatives’ bluff right here.

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