DOJ to join lawsuit against abortion prosecution threats

The U.S. Department of Justice is joining a lawsuit seeking to stop Alabama Attorney General Steve Marshall from prosecuting those who help Alabama women obtain abortion services out of state.

In a motion to intervene filed Thursday, attorneys for Justice argued that the right to travel between states was a fundamental American right, dating back to the Articles of Confederation. The filing cited a clause of the 14th Amendment in arguing that the right to travel is one of the rights of national citizenship provided by the Constitution.

“The right to travel embraces more than just physical movement; it also protects an individual’s right to engage in conduct that is lawful in other states while in those states, regardless of their home state’s laws,” the motion stated.

The lawsuit, filed on July 31 by former abortion providers in the state, cited comments made by Marshall in an August 2022 radio interview, in which he suggested Alabamians helping people obtain legal abortion care in other states could face felony prosecutions.

The lawsuit alleges Marshall’s comments and the threat of prosecution forced health care providers to cease providing critical information, counseling and practical support to Alabamians exercising their constitutional right to access medical care across state lines.

After the lawsuit was filed, Marshall renewed his threats to prosecute out-of-state abortion care.

U.S. District Judge Myron Thompson postponed a hearing set for Oct. 31, and the hearing has not been rescheduled.

The DOJ motion Thursday argued that states lack authority to prohibit travel across state lines and can’t prevent third parties from helping individuals seek an abortion out of state.

“The Alabama AG cannot undermine the right to travel by making each traveling individual an island unto themselves, prohibited from receiving assistance from anyone else within the state,” attorneys for the DOJ wrote.

The motion further argued that the United States and its federal agencies have an interest in states not criminalizing travel, or the assistance of travel, across state lines to access health care.

“The United States has a sovereign interest in preserving the proper functioning of the federal system, including by ensuring that one state does not improperly intrude into the affairs of other states, thereby protecting the integrity of the Union itself,” the motion stated.