Restrictions

On June 24, 2022, Alabama began enforcing its total abortion ban, which prohibits abortion at  all stages of pregnancy^[1]Ala. Code § 26-23H-4. Robinson v. Marshall, No. 2:19-cv-00365-MHT (M.D. Ala. Jun. 24, 2022) (order lifting preliminary injunction)., following the U.S. Supreme Court’s decision to overturn Roe v. Wade in the case Dobbs v. Jackson Women’s Health Organization.^[2]Dobbs v. Jackson Women’s Health Org., 597 U.S (June 24, 2022), rev’d Dobbs v. Jackson Women’s Health Org., 945 F.3d 265, 274 (5th Cir. 2019).

Alabama has not repealed other laws relating to abortion. It retains gestational bans at twenty weeks post-fertilization and at viability.^[3]ALA. CODE § 26-23B-5; id. § 26-22-3. The state prohibits D&X procedures and D&E procedures.^[4]Id. §§ 26-23-3, 26-23G-2. See also W. Alabama Women’s Ctr. v. Williamson, 900 F.3d 1310 (11th Cir. 2018), D&E permanent injunction abrogated by Dobbs v. Jackson Women’s Health … Continue reading Alabama law still requires pregnant people to undergo a mandatory forty-eight-hour waiting period, biased counseling, and an ultrasound.^[5]ALA. CODE § 26-23A-4. Alabama prohibits public funding ^[6]ALA. ADMIN. CODE r. 560-X-6-.09(1). and private insurance coverage of abortion.^[7]ALA. CODE § 26-23C-3. The state still requires that a parent, legal guardian,^[8]Id. § 26-21-3(a). or judge^[9]Id. § 26-21-3(d). consent to a minor’s abortion.

In 2020, Alabama exploited the COVID-19 pandemic in an attempt to ban abortion care, issuing an executive order^[10]State Health Officer Scott Harris, Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 Amended, sec. 7 (Mar. 27, 2020) … Continue reading that purported to suspend procedures deemed “elective” by the state. This order contradicted major medical groups in the United States and around the world, which agree that abortion is essential and time sensitive health care.^[11]See Joint Statement on Abortion Access During the COVID-19 Outbreak, Am. Coll. Obstetrics & Gynecology (Mar. 18, 2020), Joint Statement on Abortion Access During the COVID-19 Outbreak; Disaster … Continue reading The U.S. District Court for the Middle District of Alabama, Northern Division enjoined the order,^[12]Robinson v. Marshall, No. 2:19CV365-MHT, 2020 WL 1847128 (M.D. Ala. Apr. 12, 2020). and the Eleventh District Court of Appeals dismissed the State’s appeal.^[13]Robinson v. Harris, No. 20-11401-W, 2020 WL 3989457 (11th Cir. May 5, 2020).

Alabama retains targeted regulation of abortion providers (TRAP) laws relating to facilities,^[14]ALA. CODE § 26-23E-9; ALA. ADMIN. CODE r. 420-5-1-.01 et seq. unenforceable admitting privileges,^[15]ALA. CODE § 26–23E–4(c), invalidated by Planned Parenthood Se., Inc. v. Strange, 172 F. Supp. 3d 1275, 1278 (M.D. Ala. 2016). and reporting.^[16]ALA. CODE § 22-9A-13. Alabama still restricts the provision of abortion care to licensed physicians.^[17]Id. § 26-23A-7. restricts providers from using telemedicine for the provision of abortion care.^[18]Id. § 26-23E-7. Providers who violate Alabama’s abortion restrictions may face civil and criminal penalties.^[19]See, e.g., Ala. Code §§ 26-23A-9, 26-23H-6

State Protections

Alabama law does not include express constitutional or statutory protections for abortion. To the contrary, state constitution declares that the state “acknowledges, declares, and affirms that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life.”^[20]ALA. CONST. art. I, § 36.06.

Post-Roe Prohibitions

Alabama has a pre-Roe ban.^[21]ALA. CODE § 13A-13-7.

Conclusion

Now that the Supreme Court has overturned Roe, Alabama is enforcing its total abortion ban.^[22]Ala. Code § 26-23H-4. Robinson v. Marshall, No. 2:19-cv-00365-MHT (M.D. Ala. Jun. 24, 2022) (order lifting preliminary injunction).