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Showing Original Post only (View all)Judge uses Brett Kavanaugh's own words to shut down Alabama abortion prosecution [View all]
A federal judge used the words of conservative Supreme Court Justice Brett Kavanaugh to shoot down an effort to dismiss lawsuits challenging right-wing Alabama prosecutions.
The states attorney general has vowed to prosecute anybody helping residents travel elsewhere in the country to seek abortions after Alabama banned them with no exceptions. Pro-reproductive rights group Yellowhammer Fund, along with the ACLU, sued and claimed Attorney General Steve Marshalls action would be a violation of constitutional rights.
But Marshall, a Republican, filed a motion to dismiss the lawsuits. "An elective abortion performed in Alabama would be a criminal offense; thus, a conspiracy formed in the State to have that same act performed outside the State is illegal," Marshall's office wrote.
This week, U.S. District Judge Myron Thompson denied the motion, reported Newsweek. He used the words written by Kavanaugh in his concurring opinion in the ruling that overturned Roe v. Wade. Thompson wrote that the state, "cannot constitutionally prosecute people for acts taken within the State meant to facilitate lawful out of state conduct, including obtaining an abortion."
https://www.rawstory.com/brett-kavanaugh-2668210191/