Alabama ban on nearly all abortions in GOP governor's hands

MONTGOMERY, Ala. (AP) — 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 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.

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FILE - In this Friday, Nov. 17, 2017 file photo, Alabama Gov. Kay Ivey speaks to the media in Montgomery, Ala. Alabama lawmakers have passed a near total ban on abortion. The state Senate on Tuesday, May 14, 2019, passed the bill that would make performing an abortion at any stage of pregnancy a felony. The bill now goes to Gov. Ivey, who will decide whether to sign the legislation into law. (AP Photo/Brynn Anderson, File)


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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Sen. Clyde Chambliss speaks as debate on HB314, the near-total ban on abortion bill, is held in the senate chamber in the Alabama Statehouse in Montgomery, Ala., on Tuesday May 14, 2019. Alabama lawmakers are expected to vote on a proposal to outlaw almost all abortions in the state, a hardline measure that has splintered Republicans over its lack of an exception for pregnancies resulting from rape or incest. Rep. Collins is the sponsor of the bill. (Mickey Welsh/Montgomery Advertiser via AP)


Democrats didn't shy away from blasting their GOP counterparts.

"The state of Alabama ought to be ashamed of herself. You ought to be ashamed. Go look in the mirror," Sen. Bobby Singleton said "Women in this state didn't deserve this. This is all about political grandstanding."

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.

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Margeaux Hartline, dressed as a handmaid, during a rally against HB314, the near-total ban on abortion bill, outside of the Alabama State House in Montgomery, Ala., on Tuesday May 14, 2019. (Mickey Welsh/The Montgomery Advertiser via AP)


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.

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Rep. Terri Collins, right, chats with Rep. Chris Pringle on the house floor at the Alabama Statehouse in Montgomery, Ala., on Tuesday May 14, 2019. Alabama lawmakers are expected to vote on a proposal to outlaw almost all abortions in the state, a hardline measure that has splintered Republicans over its lack of an exception for pregnancies resulting from rape or incest. Rep. Collins is the sponsor of the bill. (Mickey Welsh/Montgomery Advertiser via AP)


"It's to address the issue that Roe. v. Wade was decided on. Is that baby in the womb a person?" Collins said.

Democrats criticized the ban as a mixture of political grandstanding, an attempt to control women and a waste of taxpayer dollars.

During debate, Singleton pointed out and named rape victims watching from the Senate viewing gallery. He said that under the ban, doctors who perform abortions could serve more prison time than the women's rapists.

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Sen. Bobby Singleton speaks as debate on HB314, the near-total ban on abortion bill, is held in the senate chamber in the Alabama State House in Montgomery, Ala., on Tuesday May 14, 2019. (Mickey Welsh/The Montgomery Advertiser via AP)


In a statement, Staci Fox of Planned Parenthood Southeast said, "Today is a dark day for women in Alabama and across this country. ... Alabama politicians will forever live in infamy for this vote and we will make sure that every woman knows who to hold accountable."

Outside the Statehouse, about 50 people rallied and chanted, "Whose choice? Our choice." Several women dressed as characters from the "The Handmaid's Tale," which depicts a dystopian future where fertile women are forced to breed.

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Anti-abortion ban bill protesters, dressed as handmaids, from left, Bianca Cameron-Schwiesow, Kari Crowe, Allie Curlette and Margeaux Hartline, wait outside of the Alabama statehouse after HB314, the near-total ban on abortion bill, passed the senate in Montgomery, Ala., on Tuesday, May 14, 2019. The measure now goes to Gov. Kay Ivey, who has not said whether she supports the measure. (Mickey Welsh/The Montgomery Advertiser via AP)


If the bill becomes law, it would take effect in six months. Critics have promised a swift lawsuit. Randall Marshall, executive director of the American Civil Liberties Union of Alabama, said a complaint is being drafted.

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Associated Press writer Blake Paterson in Montgomery, Alabama contributed to this report.


Alabama abortion ban bill igniting legal, political battles

May 15, 2019 12:45PM

By KIM CHANDLER Associated Press

MONTGOMERY, Ala. (AP) — Alabama lawmakers' vote to outlaw almost all abortions in the state is igniting a legal and political battle over what would be the most restrictive law in the country as conservatives aim to challenge the Supreme Court's 1973 decision that legalized abortion nationwide.

The legislation that would make performing an abortion at any stage of pregnancy, with almost no exceptions, a felony is now in the hands of the governor, who will decide whether to sign it into law. Even supporters anticipate that, if enacted, courts would block the legislation from taking effect as abortion opponents play a long-game legal strategy to try to give states control over abortion access.

On Wednesday morning, abortion rights advocates urged Alabama Gov. Kay Ivey to reject the bill and vowed swift legal action if it is enacted.

"We are laser-focused on urging Gov. Kay Ivey to veto this dangerous bill. If she chooses not to, then we will take this to court and ensure that abortion remains safe and legal and accessible in the state of Alabama," said Staci Fox, president and CEO of Planned Parenthood Southeast.

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 Roe v. Wade decision, putting an end to the constitutional right to abortion.

Ivey has not commented on the bill passed Tuesday night, but the Republican fixture in Alabama has long identified as anti-abortion and the bill's sponsor, Rep. Terri Collins, said she expects her to sign the legislation.

"Roe v. Wade has ended the lives of millions of children," Republican Sen. Clyde Chambliss, who shepherded the bill in the Alabama Senate, 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."

Democrats criticized the bill as a mixture of political grandstanding and a waste of taxpayer dollars. Although the bill's sponsor is a woman, they noted that the Senate Republican majority that approved the bill consists entirely of men.

"The state of Alabama ought to be ashamed of herself. You ought to be ashamed. Go look in the mirror," Sen. Bobby Singleton said. "Women in this state didn't deserve this. This is all about political grandstanding."

Kentucky, Mississippi, Ohio and Georgia recently 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 ban abortion outright.

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.

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 v. Wade. Bill sponsor Collins said the legislation isn't meant to be a long-term measure— just a means to challenge Roe — and 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.

Democrats opposed to the bill said the measure is too extreme even in a conservative-leaning state like Alabama and said they hope their GOP counterparts feel the "wrath" of women at the ballot box.

During debate, Singleton pointed out and named rape victims watching from the Senate viewing gallery. He said that under the ban, doctors who perform abortions could serve more prison time than the women's rapists.

About 50 people rallied outside the Statehouse during the debate and chanted, "Whose choice? Our choice." Several women dressed as characters from the "The Handmaid's Tale," which depicts a dystopian future where fertile women are forced to breed.

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Associated Press writer Blake Paterson in Montgomery, Alabama, contributed to this report.