Alabama legislators have given final approval to a ban on nearly all abortions, and if the Republican governor signs the measure, the state will have the strictest abortion law in the country.
The measure could pave the way to finally implement anti-abortion laws throughout the country that President Donald Trump and his administration have been long pushing for. Trump fought tooth and nail for Justices Neil Gorsuch and Brett Kavanaugh to sit on the court.
The move is seen as a direct challenge to Roe v. Wade — and it just might pay off.
Alabama legislators see an opportunity to get the bill to the Supreme Court in order to finally give abortion rights back to the individual states. With a conservative majority in the high court, anything is in play.
The legislation would make performing an abortion a felony at any stage of pregnancy with almost no exceptions. The passage Tuesday by a wide margin in the GOP-led Senate shifts the spotlight to Gov. Kay Ivey, a fixture in Alabama politics who’s long identified as anti-abortion.
Ivey has not said whether she’ll sign the bill. Sponsor Rep. Terri Collins says she expects the governor to support the ban. And the lopsided vote suggests a veto could be easily overcome. But an Ivey spokeswoman said before Tuesday’s vote that “the governor intends to withhold comment until she has had a chance to thoroughly review the final version of the bill that passed.”
In Alabama and other conservative states, anti-abortion politicians and activists emboldened by the addition of conservative justices to the U.S. Supreme Court hope to ignite legal fights and eventually overturn the landmark 1973 decision Roe v. Wade, putting an end to the constitutional right to abortion.
“Roe v. Wade has ended the lives of millions of children,” Alabama Republican Sen. Clyde Chambliss said in a statement. “While we cannot undo the damage that decades of legal precedence under Roe have caused, this bill has the opportunity to save the lives of millions of unborn children.”
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The bill would make performing an abortion a felony punishable by up to 99 years or life in prison for the abortion provider. The only exception would be when the woman’s health is at serious risk. Under the bill, women seeking or undergoing abortions wouldn’t be punished.
Kentucky, Mississippi, Ohio and Georgia have approved bans on abortion once a fetal heartbeat is detected, which can occur in about the sixth week of pregnancy. The Alabama bill goes further by seeking to outlaw abortion outright.
Alabama senators rejected an attempt to add an exception for rape and incest. The amendment was voted down 21-11, with four Republicans joining Democrats in seeking the amendment.
Supporters had argued that exceptions would weaken their hope of creating a vehicle to challenge Roe. Collins said that the law isn’t meant to be a long-term measure and that lawmakers could add a rape exception if states regain control of abortion access.
“It’s to address the issue that Roe. v. Wade was decided on. Is that baby in the womb a person?” Collins said.
The Associated Press contributed to this article