this post was submitted on 31 Aug 2023
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Alabama’s Republican attorney general said in a court filing that he has the right to prosecute people who make travel arrangements for pregnant women to have out-of-state abortions.

In a court filing Monday, attorneys for Attorney General Steve Marshall wrote that providing transportation for women in Alabama to leave the state to get an abortion could amount to a “criminal conspiracy.”

The court filing comes in response to lawsuits against Marshall that was filed in July from two women’s health centers and Yellowhammer Fund, an organization which says it provides “financial and practical support for those who are pregnant and require assistance.” The plaintiffs argue that Marshall violated their constitutional rights by publicly stating that organizations which help pregnant women in Alabama get an abortion out of state could be criminally investigated.

“Alabama can no more regulate out-of-state abortions than another state can deem its laws legalizing abortions to apply to Alabama,” the Yellowhammer Fund lawsuit argues.

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[–] FlyingSquid@lemmy.world 114 points 1 year ago* (last edited 1 year ago) (2 children)

No. No he doesn't. He simply doesn't have that right. It's not even disputable.

Sorry, you'll have to bring back the Fugitive Slave Act first.

[–] TubeTalkerX@kbin.social 44 points 1 year ago (1 children)

Don't give the Supreme Court ideas...

[–] FlyingSquid@lemmy.world 37 points 1 year ago (2 children)

It would literally have to go to SCOTUS because it is simply not legal on the state level to charge people with crimes they didn't commit in that state. Marijuana is not legal in Indiana. You can't prosecute someone for buying and smoking it in Michigan or Illinois.

And I don't think even SCOTUS would mess with that. They're evil but they're not that crazy.

[–] FunderPants@lemmy.ca 16 points 1 year ago* (last edited 1 year ago) (2 children)

This is why the crime is facilitation, because facilitation takes place in state. It's designed purposefully and fully hypocritically to ignore the rights of other states to set their own law.

[–] KevonLooney@lemm.ee 8 points 1 year ago* (last edited 1 year ago) (1 children)

There is no crime to facilitate. If something is illegal in one state and you cross the state line to do it, you are explicitly avoiding committing a crime.

The crime (stupid as it is) is getting an abortion in Alabama. No one facilitated that because it didn't happen.

If you drive from a dry country to a wet one to buy beer, no one will be able to charge you with anything. There are exceptions in federal law for leaving the US to commit felonies (like child prostitution), but those are more serious and on the federal level.

[–] ToastedPlanet@lemmy.blahaj.zone 3 points 1 year ago (1 children)

This argument misses the point. For Republicans, states' rights don't exist to ensure a sectioned legal system on a state level. They exist to ensure fascist dictatorships in every state where they can be constructed and then to extend the reach of those dictatorships over as many other states as possible. This has always been the goal. To enforce their will on as many people as possible.

The Defense of Marriage Act did the same thing. It allowed states to ban gay marriage in their state and then allowed them to refuse to acknowledge marriage certificates for gay couples from other states. Effectively allowing red states to supersede the authority of blue states.

Once the Republicans regain control of the legislative and the executive branches, they will ditch states' rights completely in favor of total control at the federal level. They want whatever gives them the most power at any given time.

I think it's important to add, when it comes to abortion, Republicans consider this a moral issue. And as we learned from the American Civil War, which was fought over the moral issue of slavery, people cannot compromise on moral issues.

Ted Ed video on the Middle Ground Fallacy

[–] KevonLooney@lemm.ee 1 points 1 year ago (1 children)

Well obviously Republicans are about "power for me, rules for thee". I'm just saying that it's not constitutional, as some people argue.

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[–] hoodatninja@kbin.social 9 points 1 year ago (2 children)

Thomas and Barrett are definitely that crazy. It’s only a matter of time before the rest match them.

[–] FlyingSquid@lemmy.world 2 points 1 year ago

At that point, we have much, much bigger things to worry about.

[–] Ertebolle@kbin.social 1 points 1 year ago (2 children)

Barrett is like the 4th most conservative justice; Alito's the other crazy one.

[–] themeatbridge@lemmy.world 8 points 1 year ago (1 children)

Just the fact that Barrett, Kavanaugh, and Roberts are the middle third is terrifyingly distopian.

[–] Ertebolle@kbin.social 1 points 1 year ago

Well yes - we've still got at least a year of controlling the senate / WH, maybe we'll get lucky and Thomas or Alito will be visited by 3 ghosts + decide to retire.

[–] hoodatninja@kbin.social 1 points 1 year ago

Fair enough

[–] prole@sh.itjust.works 9 points 1 year ago

People don't seem to grasp what fascism means. There's no "right" here at this point to even dispute.

[–] Toneswirly@lemmy.world 48 points 1 year ago

DAWG. You can't champion states rights and then punish your constituents for availing themselves of another state's laws. Unless you're some kind of hypocrite...

[–] SulaymanF@lemmy.world 46 points 1 year ago (1 children)

Interstate commerce is regulated by federal government; they could block this easily but Republicans are filibustering any attempt.

[–] hoodatninja@kbin.social 19 points 1 year ago (1 children)

If I were a Democrat and I saw that 6–3 Supreme Court, I would be very wary of attempting anything involving interstate commerce. The Supreme Court clearly has no regard for precedent or consistency anymore, the last thing I want to do is call attention to one of the most potent weapons I have for checking the powers of state governments and the executive branch.

[–] thefartographer@lemm.ee 13 points 1 year ago (4 children)

That would be the quickest way to destroy every red state's infrastructure funding and blue states could easily retaliate saying that they don't recognize driver's licenses from red states and won't let in the so-called citizens without a passport.

[–] Ertebolle@kbin.social 7 points 1 year ago

This is a particularly dumb move given that the states likeliest to produce the greatest number of climate change refugees over the next few decades are Texas and Florida; the Northeastern states would be perfectly delighted to have a legal excuse to shut the door on them.

[–] ApexHunter@lemmy.ml 4 points 1 year ago

You assume that rulings would be consistent. If you read any of the recent decisions you will note plenty of hypocrisy and a decided lack of reasoning consistency in their written opinions. It is almost as if they are trying to justify a predetermined outcome...

So you'll see plenty of rulings in favor of things red states like and against things blue states like.

[–] lolcatnip@reddthat.com 2 points 1 year ago

What makes you think blue states could get away with the same bullshit as red states? The only standards in play are double standards.

[–] PostmodernPythia@lemmy.world 34 points 1 year ago (1 children)

Why does this feel all Fugutive Slave Act…?

[–] drbluefall@toast.ooo 14 points 1 year ago (1 children)

Because this is basically the same thing as the Fugitive Slave Act. Just swap slaves for pregnant women.

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[–] dhork@lemmy.world 31 points 1 year ago (1 children)

Interesting that he's calling it a "criminal conspiracy". To this non-lawyer, it looks like an attempt to distract from Trump's high-profile case, and make it seem like anything is a criminal conspiracy now.

[–] billiam0202@lemmy.world 22 points 1 year ago (1 children)

Standard GOP MO. As soon as the Dems accuse (credibly) a Republican of wrongdoing, the GOP floods the airwaves with talking-heads using the same language to dilute the meaning for the intellectually-challenged that make up their viewership. They did it for "coup", "insurrection", "quid pro quo", etc. It's all part of DARVO.

[–] undercrust@lemmy.ca 1 points 1 year ago (1 children)
[–] Alto@kbin.social 6 points 1 year ago

Deny, attack, and reverse victim and offender. Basically the GOP handbook

[–] Hairyblue@kbin.social 28 points 1 year ago (2 children)

Republicans want to rule you. They don't have popular ideas and the majority of American citizens don't agree with them.

Stop voting for Republicans, they don't believe in our democracy.

[–] carbonprop@lemmy.ca 3 points 1 year ago

I've seen handmaids tale and I don't like that timeline.

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[–] regalia@literature.cafe 27 points 1 year ago (1 children)

Can we officially define republicans as not the party of small government?

[–] lolcatnip@reddthat.com 8 points 1 year ago (6 children)
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[–] Chickenstalker@lemmy.world 20 points 1 year ago (1 children)

The Union should have scorched earthed the South when they had the chance.

[–] Dkarma@lemmy.world 3 points 1 year ago

How about now plz.

[–] reverendsteveii@lemm.ee 15 points 1 year ago (1 children)

Between this and flat out ignoring the supreme court when they don't like the ruling, Alabama Republicans are really pushing for a constitutional crisis.

"If conservatives become convinced that they cannot win democratically, they will not abandon conservatism. They will reject democracy."

We've been in the 'constitutional crisis' stage for awhile now

[–] Sanctus@lemmy.world 13 points 1 year ago* (last edited 1 year ago)

You know what, if we're just saying anything we want I have the right to kick you in the fucken teeth.

[–] burntbutterbiscuits@sh.itjust.works 11 points 1 year ago (1 children)

He also has the right to go fuck himself

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[–] Vlhacs@reddthat.com 11 points 1 year ago

Whatever happened to these state rights that the GOP keep hounding on about? Almost like they've been making bad faith arguments all this time and just really want to criminalize it throughout the whole country...

[–] iHUNTcriminals@lemm.ee 7 points 1 year ago (1 children)

Yeah butb also as humans we have the right to literally do anything we want to people like this guy. ...anything at all.

[–] kool_newt@lemm.ee 3 points 1 year ago

This is the key understanding right here.

[–] astral_avocado@lemm.ee 6 points 1 year ago

Piece of fucking shit

[–] autotldr@lemmings.world 5 points 1 year ago

This is the best summary I could come up with:


Alabama’s Republican attorney general said in a court filing that he has the right to prosecute people who make travel arrangements for pregnant women to have out-of-state abortions.

The court filing comes in response to lawsuits against Marshall that was filed in July from two women’s health centers and Yellowhammer Fund, an organization which says it provides “financial and practical support for those who are pregnant and require assistance.” The plaintiffs argue that Marshall violated their constitutional rights by publicly stating that organizations which help pregnant women in Alabama get an abortion out of state could be criminally investigated.

Marshall is now asking Judge Myron Thompson to dismiss the lawsuit, saying that helping a woman avoid Alabama’s restrictions by facilitating an abortion elsewhere is a conspiracy.

“The conspiracy is what is being punished, even if the final conduct never occurs,” Marshall’s filing states.

In the wake of the Dobbs Supreme Court decision last summer, several Republican-led states passed strict anti-abortion laws, while several others, including Alabama, that had passed so-called trigger laws anticipating an eventual overturn of Roe v. Wade saw their new restrictions go into effect.

Gavin Newsom, a Democrat, who wrote on X Wednesday, “California will NOT cooperate with any state that attempts to prosecute women or doctors for receiving or providing reproductive care.”


The original article contains 318 words, the summary contains 216 words. Saved 32%. I'm a bot and I'm open source!

[–] Cyberflunk@lemmy.world 5 points 1 year ago

Lynch that fucker.

[–] some_guy@lemmy.sdf.org 4 points 1 year ago (1 children)

Know what I would do if I were a billionaire? I'd fund cases fighting these clowns. Hundreds of challenges to these stupid asshats like the "Scopes Monkey Trial" (which was a test case, designed to kill a law, if you didn't know). But then again, no one who believes in actual altruism becomes a billionaire, so this is sort of fantasy.

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[–] Tathas@programming.dev 4 points 1 year ago

Sounds like a violation of the Commerce Clause to me!

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