DOJ argues Alabama can't charge people assisting with out-of-state abortion travel

The U.S. Department of Justice said Thursday it supports the rights of people to travel across state lines and assist others in traveling across state lines in order to receive an abortion.

The DOJ issued a court filing known as a "statement of interest" in support of two lawsuits brought against Alabama Attorney General Steve Marshall by healthcare organizers and abortion funds, arguing that any laws preventing this travel would violate the constitution.

The lawsuits specifically asked for a formal court ruling dictating that Alabama cannot prosecute those who assist in facilitating cross-state travel for abortion procedures, following threats by Marshall to charge those who do assist such travel under conspiracy statutes.

Marshall has prior said those who aid travel can be charged with conspiracy and that his office would “look at” groups who help Alabama residents seek access to abortion, though he has yet to make an attempt to move forward with any such prosecution.

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DOJ backs up two lawsuits against Alabama on abortion travel

One lawsuit was filed by a group forced to stop providing financial support to low-income abortion patients called the Yellowhammer Fund, while the second was filed by former abortion providers, one obstetrician and two former abortion clinics. The DOJ has asked that their statement be considered by the federal judge deciding on the issue.

Alabama is one of a number of states that all but banned abortion outright following the overturning of Roe v. Wade. Alabama has prohibited abortion at any and all stages of pregnancy with almost no exceptions, including none for cases of rape or incest. The only current exemptions on the ban in the state are those for pregnancies that threaten the life of the pregnant patient.

Like states with similar laws, such as Texas where ordinances have been put into place to block people from using local roads to travel to where abortion is legal, Alabama has sought to employ several legal barricades to stop residents looking to seek an abortion out of state.

However, the DOJ has argued that the right to travel is protected by the U.S. constitution.

In a statement, Attorney General Merrick Garland argued, “As I said the day Dobbs was decided, bedrock constitutional principles dictate that women who reside in states that have banned access to comprehensive reproductive care must remain free to seek that care in states where it is legal.”

The department likewise contended that Marshall cannot stop people from crossing state lines to get an abortion and cannot "seek to achieve the same result by threatening to prosecute anyone who assists that individual in their travel."

Marshall's office said in a statement to AP Thursday evening, “Attorney General Marshall is prepared to defend our pro-life laws against this most recent challenge by the Biden Administration and, as always, welcomes the opportunity."

The legal fight comes in the wake of a separate case that was decided by a U.S. judge on Thursday, in which Idaho was blocked from implementing an "abortion trafficking" law that would make it illegal to help a minor cross state lines to receive an abortion without parents' consent.

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