Judge grants motion to lift injunction on state abortion law

BIRMINGHAM, Ala. (WBRC, WSFA, WAFF) - United States District Judge Myron Thompson granted Alabama’s motion to dissolve a preliminary injunction related to the Alabama Human Life Protection Act in 2019 to, “protect unborn children from abortion.”

Marshall filed the motion Friday afternoon.

Thompson’s order said, “The defendants’ emergency motion to dissolve the preliminary injunction (Doc. 190), which is unopposed, is granted; and (2) The October 29, 2019, preliminary injunction (Doc. 69) is dissolved.”

Following Judge Thompson’s decision to dissolve the preliminary injunction on the Alabama Human Life Protection Act, Governor Ivey issued the following reaction:

“As I said, this is a historic day, and I could not be more proud as a governor, a Christian and a woman to see this misguided and detrimental decision overturned. This afternoon, the federal court did for the state of Alabama what the U.S. Supreme Court did for the entire nation: It returned the decision-making authority to the proper body. I am pleased to see the process move forward so that we can now enforce the Alabama Human Life Protection Act here in our state, which honors both the constitution and the rule of law. Alabama will continue standing up for our unborn babies, our mothers and our families.” – Governor Kay Ivey

Alabama’s attorney general issued a forceful statement Friday in regard to the U.S. Supreme Court’s decision that overturns Roe v. Wade.

Attorney General Steve Marshal gave notice that “[b]ecause neither the United States Constitution nor the Alabama Constitution provides a right to abortion, Alabama laws that prohibit abortion and that have not been enjoined by a court are in full effect.”

Marshall also gave notice that the state will “immediately” file motions to dissolve any injunction on state laws dealing with abortion that had been halted by the courts. Among those laws was the Alabama Human Life Protection Act, which was one of the strongest bans on abortion in the country when Gov. Kay Ivey signed it into law in 2019. The law made performing an abortion at any stage of pregnancy a felony unless the mother’s health was in danger. It did not provide any exceptions for rape or incest.

The U.S. Supreme Court overturned the landmark abortion rights case Roe v. Wade Friday. Justices ruled in favor of a Mississippi law and in doing so, decided abortion should not be protected under the Constitution.

Judge Thompson’s order:

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