States’ Attempts to Block Cross-State Abortion Assistance Face Legal Challenges
A federal judge and the U.S. Department of Justice have expressed concerns over states’ attempts to prevent individuals from aiding others in crossing state lines for abortions. While these recent developments in Idaho and Alabama are not definitive, they may provide insight into the future of abortion regulation in the courts.
Since the U.S. Supreme Court overturned Roe v. Wade last year, Republican-controlled states have implemented various bans or stricter regulations on abortion. Conversely, blue states and red states where voters have directly addressed the issue have taken steps to protect access to abortion. This stark policy contrast has made travel for abortion a significant issue.
Surprisingly, despite bans on abortion in 14 states throughout pregnancy, one survey found a slight increase in the average monthly number of abortions nationwide since the Dobbs ruling. While there is no dispute about the constitutional right to travel between states, some abortion opponents argue that there are no protections for individuals who assist others in traveling for abortions.
Let’s examine the latest developments:
Idaho’s “Abortion Trafficking” Ban Temporarily Suspended:
Earlier this year, Idaho became the first state to enact an “abortion trafficking” ban, a provision encouraged by the National Right to Life Committee. The law criminalizes adults who obtain abortion pills for minors or take a minor out of state for an abortion without parental consent. To avoid violating the constitutional right to travel between states, the law only applies to the portion of the trip that takes place in Idaho.
Although no charges have been filed under the ban, a woman and her son face kidnapping charges for taking the son’s minor girlfriend to Oregon for an abortion. On Thursday, a federal judge put the enforcement of the trafficking law on hold until its constitutionality is determined. U.S. District Magistrate Debora K. Grasham emphasized that the case involves fundamental rights of freedom of speech, expression, due process, and parental rights, extending beyond abortion.
U.S. Department of Justice Weighs in on Alabama Case:
Abortion rights advocates in Alabama sued state Attorney General Steve Marshall, challenging his use of anti-conspiracy laws to prosecute those who assist others in obtaining out-of-state abortions. Although no charges have been filed, advocates raised concerns after Marshall suggested on a radio show that he would scrutinize organizations assisting Alabama women in obtaining legal abortions elsewhere. The Yellowhammer fund, a nonprofit providing financial assistance for low-income women seeking abortions out of state, ceased its services due to Marshall’s comments.
On Thursday, the U.S. Department of Justice asserted its position in court, stating that the state cannot prohibit individuals from traveling for legal abortions or threaten to prosecute those who assist them. The case is yet to be ruled upon. Marshall’s office affirmed its determination to defend pro-life laws against challenges from the Biden Administration.
Local Laws Enter the Equation:
In Texas, at least four counties have recently enacted ordinances allowing private citizens to sue individuals who aid women in traveling on specific local roads for abortions. Three of these counties are near New Mexico, one of the few states where abortion remains legal throughout pregnancy. This stark contrast to Texas, where abortion is illegal in all stages with limited exceptions, has prompted the implementation of these local laws. However, no lawsuits have been reported, and the laws have yet to face legal challenges.
These ongoing legal battles over cross-state abortion assistance highlight the complexities surrounding reproductive rights. As states continue to grapple with conflicting regulations, the future of abortion access remains uncertain.
