A lot of the focus in Alabama, following the U.S. Supreme Court decision to strike down Roe V, Wade, has centered on the state’s 2019 Human Life Protection act. The measure would make it a felony to conduct an abortion in Alabama. The law is under a current court injunction, but the state’s Attorney General could reportedly take action to reinstate it. That apparently isn’t what’s really concerning abortion providers and their patients in Alabama.
They say it’s the Alabama law from 1841.
A timeline by the Montgomery Advertiser includes this 1841 measure which outlaws people from "employ(ing) any instrument or means whatever with intent thereby to procure the miscarriage of (a) woman, unless same shall be necessary to preserve her life; or shall have been advised by a respectable physician to be necessary for that purpose." A conviction would lead to jail time of three to six months and a fine of $500. The paper lists the current value of that fine at $17,000 today.
“It has no exception for the person having an abortion,” said Robin Marty. She’s director of operations for the West Alabama Women’s Center, which provides an estimated half of the procedures in the state.
Marty is concerned that while all sides wrestle to get the 2019 Alabama abortion law sorted out, pro-life forces could use the 1841 measure right now.
“Because Roe V. Wade has now been overturned, the AG or the DA (attorney general or district attorney) or whoever, chooses to, could officially, even before the 2019 ban is allowed to go into effect, say you’re actually committing a crime under this original bill, that now we can enforce.”
One patients at the West Alabama Women’s center have already been turned away. Marty is concerned more will show up on Monday looking for an exception for banned treatment following the SCOTUS decision.
