What does the upcoming abortion ban in Alabama mean? What will happen next?

As of this writing (May 6, 2019 @ 4:35PM CST), the Senate Judiciary Committee is scheduled to have a public hearing AND vote on HB314, the House abortion ban that passed last week.  It is expected to pass out of the Senate Judiciary committee and be on the Senate floor for debate and a vote on Thursday, May 9, 2019 (time TBD).

So what does this mean?

It means that the Senate Judiciary committee WILL vote on AND pass this bill on Wednesday.  Statistically, there is no way for members of the Senate Judiciary committee to stall this going forward.

According to Del Marsh, Senate Pro Tem, it could be on the Senate floor on Thursday.  Based on the way these bills have moved in the past, we see no reason not to take Mr. Marsh at his word.

The only caveat we see on the Senate floor is this quote by Mr. Marsh:

“Marsh said he expects the rape and incest exception to be debated in the Senate. Marsh said he supports allowing that exception, as well as the exception for the health of the woman.

“Someone is going to have to make a pretty good reason why you would change that for me,” Marsh said.”

However; we are skeptical about amendments being added to the bill.  House Democrats attempted to offer amendments for rape and or incest, but those were shot down by the author of the bill:

“The bill would allow abortions to protect the woman from serious health risks. But there is no exception for pregnancies caused by incest or rape.

Collins opposed the Democrats’ amendment to add that exception in the House, saying the intent is to confront the Roe v. Wade decision by asserting that the unborn child is a person. The House rejected the rape and incest exception by a vote of 72-26.”

If the Senate votes on the bill with no amendments, abortion could TECHNICALLY be banned on Thursday by both houses (House & Senate).  In order to become law, the Governor has to sign the bill.

We have no doubt that the Governor will sign this bill.  It is Alabama, after all.

So what happens after it’s signed by the Governor?

The bill does not become law until six months after it’s passage and the Governor signing it into law.

Technically, abortion will still be legal in Alabama up to six months after the date that the Governor signs the bill.  BUT!

We have been told that the ACLU of Alabama is ready to file for a TRO when the bill is signed.  That means it will go in front of a federal judge, and will be granted a Temporary Restraining Order, meaning the state cannot enforce it.  We are confident a TRO will be granted, as people are guaranteed the right to abortion under the 14th Amendment to the Constitution.

Then it will wind it’s way to the courts: local federal court, then the 11th Circuit Court of Appeals in Atlanta, GA,  if Alabama loses (which they always do) in local federal court.  From the 11th Circuit, it would wind up at SCOTUS, which is the whole intent of this bill in the first place.

This little romp in defying federal law (aka the Supremacy Clause) will cost YOU, the Alabama Taxpayer, MILLIONS of dollars in attorney’s fees.  This is a picture of the last check that YOU paid to the ACLU of Alabama:

Screen Shot 2019-05-06 at 4.26.47 PM
Are you ready for the State of Alabama to write another one?

What can I do now?

You can contact the members of the Senate Judiciary committee here (click on their names and their contact information will show up) and tell them to stop wasting taxpayer money on unconstitutional abortion bans.

SHOW UP to the Senate Judiciary Committee Public Hearing on HB314 on Wednesday, May 8, 2019, at 8:30AM in Room 325 at the Alabama State House.  Sign up to speak against the bill when you get there (the list will be on the podium).  Make several talking points and make sure not to repeat them if another speaker has already went over them.

SHOW UP for the vote on the Senate floor on Thursday.  As of this writing, we are not sure when the senate will convene, but keep checking back here and on our Facebook page and we will update you as soon as we know when that will happen.

We dare to defend our rights to abortion care.  GET READY TO STAND UP & BE HEARD!

 

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