MOBILE, Ala. (WALA) – Performing an abortion is now a crime in Alabama – punishable by as much as life in prison.
Senior U.S. District Judge Myron Thompson had blocked that 2019 law from taking effect, citing Roe v. Wade. On Friday, the judge and lawyers in the case held a conference call. But there was little to discuss. All involved agreed the judge had no choice to dissolve the order – which he did – in light of Friday’s 6-3 Supreme Court decision striking down Roe.
That means Alabama now has one of the strictest abortion bans in the nation, allowing the procedure only when a woman faces a severe health risk from pregnancy. It is a Class A felony, punishable by 10 years to life in prison, to perform an abortion. Attempting to perform an abortion is a Class C felony, punishable by a year to 10 years in prison. The penalties do not apply to women who seek abortions, however.
Even before Thompson lifted his order, though, abortions had stopped in Alabama. Older laws dating back more than a century making abortion a misdemeanor offense, immediately snapped back into effect.
“This is a historic day, and I could not be more proud as a governor, a Christian and a woman to see this misguided decision overturned,” Alabama Gov. Kay Ivey said in a prepared statement.
She was among a number of elected officials in Alabama who celebrate the high court ruling.
Abortion supporters, however, cast it as a dark day for the state and nation.
“Our reaction is absolutely one of devastation and empathy for all the folks across the country who now find themselves living in abortion deserts and in states where abortion care is now severely restricted,” said Lauren Frazier, a spokeswoman for Planned Parenthood Southeast.
The organization’s abortion clinic on Downtowner Loop and another in Birmingham already had stopped performing the procedure a few months ago because of staffing issues and the difficulty complying with the state’s regulations, Frazier said.
“As you know, Alabama is one of these most hostile states for abortion and for reproductive rights and access,” she said. “And so, to do the work there, it was extremely difficult. And so, unfortunately, we weren’t able to resume services.”
Frazier said the clinics in Mobile and Birmingham will continue to offer other services.
Frazier said the organization has a “patient navigator” who will help women travel out of state to seek abortions where they are legal.
That’s also the focus of the American Civil Liberties Union of Alabama, which sued to block the 2019 law from taking effect.
“Right now, what we’re doing is focusing on the advocates, the health care workers that do this work consistently,” said JaTaune Bosby, the executive director of the organization. “The Yellowhammer Fund is a critical organization that we’re encouraging people to donate to and to elevate that support women and individuals seeking abortion care.”
Surgical abortions in Alabama, like the rest of the country, have been declining. In 2020, according to the Alabama Department of Vital Statistics, there were about 5,700. That compares with more than 20,000 in 1980.
The Alabama statute does not specifically mention drugs like the RU-486 abortion pill, which can be used in the first 10 weeks of pregnancy. It is unclear whether the law applies to those options. Even the Alabama Attorney General’s Office appeared unsure on Friday. Spokesman Mike Lewis told FOX10 News that lawyers are researching the question.
Bosby said her organization has advised providers to halt abortions in all forms in Alabama.
“They are ceasing abortions in whatever capacity they have been administering them,” she said.
Bosby said low-income women will be impacted the most.
“Whatever state legislatures across the country are doing, it will further impact the most vulnerable in limiting their ability to make the best decisions for their lives, for their families,” she said.
Updated at 7:47 p.m. to correct an error regarding the street where the Planned Parenthood clinic is located.
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