In a court filing on Monday, attorneys representing Attorney General Steve Marshall argued that arranging transportation for women in Alabama to travel out of state for an abortion could potentially constitute a criminal conspiracy. This court submission was made in response to lawsuits filed against Marshall in July by two women’s health centers and the Yellowhammer Fund, an organization that claims to offer financial and practical assistance to pregnant individuals in need.
Marshall is now requesting that Judge Myron Thompson dismiss the lawsuit, contending that assisting a woman in evading Alabama’s abortion restrictions by facilitating an abortion in another location qualifies as a conspiracy. Alabama boasts one of the most stringent abortion bans in the nation.
This filing attracted the attention of California Governor Gavin Newsom, a Democrat, who stated on Wednesday that he will not collaborate with any state attempting to prosecute women or doctors for seeking or providing reproductive care. A hearing to consider Marshall’s motion to dismiss has been scheduled for Tuesday.
The Yellowhammer Fund’s lawsuit argues that Alabama cannot regulate abortions performed out of state any more than another state can enforce its laws legalizing abortions within Alabama. The case is set to be heard next week, with the hearing adjourned to November 14, 2023, after previously being scheduled for October 13, 2023, November 13, 2023, October 17, 2023, October 18, 2023, October 14, 2023, and September 13, 2013.
