ALABAMA BAN ON DILATION AND EVACUATION ABORTIONS DECLARED UNCONSTITUTIONAL

Mollie Wallace Amick

In West Alabama Women’s Center v. Williamson, the Eleventh Circuit struck down a recent Alabama statute that banned dilation and evacuation abortions, holding that the law represented an unconstitutional restriction on a woman’s right to an abortion.

The plaintiff clinics filed suit on behalf of their present and future patients, claiming the Act was unconstitutional on its face. The Unborn Child Protection from Dismemberment Abortion Act, passed in 2016, made it unlawful for a medical practitioner to “purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn child’s mother.” Put more simply, the Act would require medical practitioners to end the life of a fetus before dismembering that fetus. Violation of this prohibition would be “punishable by up to two years imprisonment and fines of $10,000.”

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