Alabama can prosecute those who help women travel for abortions, state’s AG says

[Arcangl86]

I would assume that the state of Alabama can only prosecute Alabama organizations. If a pregnant woman has an abortion in a pro-choice state, and her transportation and incidentals are arranged by groups in that state, then Alabama would have no case. As early as 2 years ago, Connecticut passed a law that protects abortion patients and providers from being sued or prosecuted. Here's part of their law:

Beyond its main provision, the new measure will also block state agencies from assisting in interstate investigations or prosecutions that would hold someone criminally or civilly liable for providing, seeking, receiving or asking about abortion services legal in Connecticut. It will bar court officers from issuing subpoenas related to legal abortion services in the state.

https://www.cnn.com/2022/05/05/poli...otection-law-out-of-state-lawsuits/index.html

To my knowledge, there are other pro-choice states that do the same. And anyway, wouldn't travel across state lines for a medical procedure be considered interstate commerce? The regulation of which--according to the Constitution--is a power of Congress. Not a state legislature.

Arguably this law would be illegal under the Dormant Commerce Clause, but with the current SCOTUS, well...

 

[HARK!]

I would assume that the state of Alabama can only prosecute Alabama organizations. If a pregnant woman has an abortion in a pro-choice state, and her transportation and incidentals are arranged by groups in that state, then Alabama would have no case.

If the arrangements are being made with the woman, while she is in Alabama then the crime was committed in Alabama.

One can't commit a crime in one state, and then yell "safe;" when he crosses state lines. This is why we have extradition procedures.

 

[RileyG]

Not relevant to the thread.

That's your opinion.

 

[Yttrium]

If the arrangements are being made with the woman, while she is in Alabama then the crime was committed in Alabama.

One can't commit a crime in one state, and then yell "safe;" when he crosses state lines. This is why we have extradition procedures.

Extradition procedures only work if both states agree to them.

 

[NxNW]

If the arrangements are being made with the woman, while she is in Alabama then the crime was committed in Alabama.

What crime? It's not a crime in Alabama to plan an activity that's legal in another state.

 

[HARK!]

What crime?

Abortion is illegal in Alabama.

 

[comana]

Abortion is illegal in Alabama.

The hypothetical abortion will not happen in Alabama.

 

[HARK!]

The hypothetical abortion will not happen in Alabama.

...But the conspiracy did.

 

[Paulos23]

Fornication? Prostitution? Self interest at the expense of children's lives?

Things that could be helped with education, funding of health programs, and schools.

Those things would help way more than just making things illegal.

 

[Paulos23]

...But the conspiracy did.

Ah, thought police now...how the GOP is leveling up.

 

[HARK!]

Things that could be helped with education, funding of health programs, and schools.

Those things would help way more than just making things illegal.

The church offers this education for free.

 

[HARK!]

Ah, thought police now...how the GOP is leveling up.

So you would be opposed to prosecution for conspiracy to commit murder, under the notion that planning a murder is not the murder in itself?

 

[Arcangl86]

So you would be opposed to prosecution for conspiracy to commit murder, under the notion that planning a murder is not the murder in itself?

The difference being that murder is illegal.

 

[HARK!]

The difference being that murder is illegal.

Abortion is illegal in Alabama.

 

[Arcangl86]

Abortion is illegal in Alabama.

Yes, but not in other states. A conspiracy is a plan to do something illegal. You can't conspire to do something that isn't a crime and having an abortion in a state where it is legal is not a crime.

 

[Goonie]

...But the conspiracy did.

Interesting, so if gambling is illegal in one state and someone plans to go to las vegas, or help someone go to las vegas to gamble they will be prosecuted?

 

[HARK!]

Yes, but not in other states. A conspiracy is a plan to do something illegal. You can't conspire to do something that isn't a crime and having an abortion in a state where it is legal is not a crime.

The argument was made that if one conspires to take part in an illegal act, in a state where the act is illegal; then one has conspired to take part in illegal activity.

Sound like a logical argument to me.

 

[comana]

...But the conspiracy did.

Conspiracy to commit a legal act in another state?

 

[HARK!]

Interesting, so if gambling is illegal in one state and someone plans to go to las vegas, or help someone go to las vegas to gamble they will be prosecuted?

Excellent analogy.

Federal law makes it a crime to participate in the business of illegal gambling. There are a variety of statutes that make it illegal to operate or participate in financial transactions related to an unlicensed sportsbook in the United States, including the Wire Act, the Illegal Gambling Business Act, the Travel Act, and the Unlawful Internet Gambling Enforcement Act.https://www.americangaming.org/illegal-sports-betting/#_edn1 Beyond federal statutes aimed specifically at gambling, a variety of broader criminal laws targeting organized crime have also been the basis for prosecution of offshore gambling rings.[ii]


The threat of federal prosecution is not hypothetical. Prosecutors have been successfully pursuing cases against offshore operators for two decades. The first ever prosecution of an offshore book came in 2000 against Jay Cohen, founder of the Antigua-based World Sports Exchange. A jury found Cohen guilty of several violations of the Wire Act, for which he was sentenced to two years in jail.[iii] In another case, the federal government charged 57 individuals with operating an illegal gambling business, racketeering, and money laundering in connection with their Panama-based sportsbook.[iv] The trials continued for many years, resulting in convictions, fines, and other sanctions.

Illegal Sports Betting - American Gaming Association

www.americangaming.org

 

[HARK!]

Conspiracy to commit a legal act in another state?

No. Conspiracy to commit an illegal act, in a state where it is illegal.

Abortion is illegal in Alabama; so one can't conspire to commit abortion, while within Alabama's borders.