Federal Judge rules in favor of abortion advocates, against AL Attorney General threats
HUNTSVILLE, Ala. (WHNT) — Even though abortion is illegal in Alabama, officials do not have the right to prosecute women seeking an abortion in a state where it is legal, under their right to travel.
Federal Judge Myron Thompson ruled Monday that individuals and groups, including healthcare providers, are protected under that same right. The decision comes after Attorney General Steve Marshall threatened to prosecute anyone who helps a woman cross state lines for the procedure.
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'At its core, this case is simply about whether a State may prevent people within its borders from going to another State, and from assisting others in going to another State, to engage in lawful conduct there. . .The court now answers no, a State cannot.'
Judge Myron Thompson, U.S. District Judge Middle Court of Alabama
The ruling stated that Marshall initially made such threats while on a radio talk show.
Yellowhammer Fund filed a lawsuit against Marshall after the threats became public. The group is an 'abortion advocacy and reproductive rights organization serving Alabama, Mississippi, and the Deep South'. The group offers funding assistance from donations to individuals who may need help paying for travel for said procedures.
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Jamila Johnson, Senior Counsel with the Lawyering Project, represented the Yellowhammer Fund in the lawsuit. Johnson told News 19 that Marshall's threats forced the nonprofit to freeze its funds due to fears of prosecution.
'Yellowhammer Fund had to keep its abortion fund dormant for years out of fear that it or its supporters would be criminalized or prosecuted for trying to help people do something that they lawfully had a right to do,' Johnson said.
Judge Thompson stated in his ruling that there could be no end to prosecuting legal out-of-state activity that is illegal here at home if Marshall had clearance to do this. Thompson wrote that it opens the door for Marshall to even prosecute those planning to gamble in Las Vegas.
'If Alabama held the power its Attorney General asserts here, it is hard to envision a limitingprinciple besides what the Attorney General personally sees as permissible and impermissible…For example, the Alabama Attorney General would have within his reach the authority to prosecute Alabamians planning a Las Vegas bachelor party, complete with casinos and gambling, since casino-style gambling is outlawed in Alabama.'
Judge Myron Thompson, U.S. District Judge Middle Court of Alabama
A representative from the Attorney General's office said the state is looking into its options.
'The Office is reviewing the decision to determine the State's options.'
Spokesperson, Attorney General's Office
The Attorney General's Office can appeal the federal judge's decision. If it does, the case will then be sent to the 11th Circuit Court of Appeals in Atlanta.
The ruling in its entirety can be found here.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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