Alabama to Prosecute Those Who Help Women Travel to Obtain Abortions
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Alabama Attorney General Steve Marshall said the state can prosecute people who help women travel out of state for abortions in response to a lawsuit filed by a pro-abortion rights group and owners of women’s clinics.
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“Though abortion may be legal elsewhere, it is plainly illegal pursuant to Ala. Code § 13A-4-4 for Plaintiffs to conspire with others to procure abortions that would be illegal in Alabama,” according to Marshall’s motion. “The criminal conduct is the agreement (the conspiracy) itself, which is conduct that occurs in Alabama that Alabama has every right to prosecute. Thus, the legality of abortion in other States is irrelevant to whether Alabama can prosecute a conspiracy formed in Alabama.”
The First Amendment does not cover speech related to breaking the law, according to Marshall’s motion.
“While Plaintiffs’ clients may be allowed under Alabama law to obtain abortions outside Alabama, Plaintiffs are ‘plainly [not] allow[ed]’ under Ala. Code § 13A-4-4 to conspire in Alabama to help procure abortions.”
Here is the statute that AL AG Marshall cited..
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A conspiracy formed in this state to do an act beyond the state, which, if done in this state, would be a criminal offense, is indictable and punishable in this state in all respects as if such conspiracy had been to do such act in this state.
It's amazing how issues come in groups. The recent criminal indictments relating to J6 are mostly conspiracy cases. Alabama is using a criminal conspiracy theory to try to keep women from traveling, unless they travel alone, to another state to obtain an abortion. By the end of this year, we'll all be experts on conspiracy law.