The American Civil Liberties Union and Planned Parenthood filed a federal lawsuit challenging an Alabama law that effectively outlaws all abortions, the two groups announced Friday.
The lawsuit, filed in federal district court on behalf of abortion providers in the state, argues the “extreme” law is unconstitutional and stands in direct conflict with Roe v. Wade, the landmark 1973 Supreme Court case that established a woman’s right to an abortion.
The groups are asking the court to block the law from taking effect.
“The Alabama legislature has been pushing abortion care further and further out of reach for years with medically unnecessary and politically-motivated restrictions, and this extreme abortion ban shows us just how far they’ll go to push their anti-abortion agenda,” said Alexa Kolbi-Molinas, a senior staff attorney at the ACLU, in a statement.
The law, she added, is “blatantly unconstitutional.”
The Alabama law, signed into law by Republican Gov. Kay Ivey this month, is the nation’s most restrictive abortion measure and prohibits abortions unless the mother’s life is threatened by her pregnancy. Under the ban, performing abortions in the state is a felony punishable by up to 99 years in prison. The measure does not provide exceptions for cases of rape or incest.
Lawmakers who backed the Alabama ban and other restrictions enacted in other states, however, hope such measures will lead the Supreme Court, now with a 5-4 conservative majority, to overturn Roe.
[Opinion: Roe v. Wade is not ‘gone,’ but for the first time in nearly 30 years, its survival is uncertain]
Governors in Kentucky, Georgia, Ohio, and Mississippi have enacted measures banning abortions after a fetal heartbeat is detected, typically in the sixth week of a pregnancy. Those restrictions are also expected to face legal challenges.
The lawsuit from the ACLU and Planned Parenthood was expected, as both organizations vowed to fight the law in court. The ban also prompted a series of protests around the country this week.
“Make no mistake: Abortion remains — and will remain — safe and legal in Alabama,” said Randall Marshall, executive director of the ACLU of Alabama. “With this lawsuit, we are seeking a court order to make sure this law never takes effect.”
