Federal appeals court blocks Alabama anti-abortion law

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The 11th Circuit U.S. Court of Appeals in Atlanta blocked Alabama anti-abortion legislation on Wednesday, that would have outlawed a commonly used second-trimester dismemberment abortion procedure. The legislation, SB363: the Unborn Child Protection from Dismemberment Abortion Act, originally passed in 2016 and called for a ban on dilation and evacuation abortions; during which the fetus is removed in pieces with forceps. This type of procedure accounts for approximately 95 percent of all abortions in the second trimester. The legislation also allowed an exception in the event of a “serious health risk to the mother.” Executive director of the American Civil Liberties Union of Alabama, Randall Marshall told the Associated Press that the ruling means “Alabama politicians can’t put an “ideological agenda” over a woman’s health and decision-making.” “I am disappointed that the 11th Circuit sided with the lower court in this case, but it is encouraging that the court recognized the State’s important and legitimate interests in ending barbaric abortion procedures—in this case, procedures that literally tear apart babies living inside their mothers’ wombs,” Attorney General Steve Marshall said in a statement. “Our legal team is carefully considering whether we will petition the Supreme Court for review of this case. We expect to reach a decision soon.” In June of 2016 the ACLU filed a lawsuit against the restrictions, saying they would dramatically cut abortion access and close the state’s two busiest clinics — the West Alabama Women’s Clinic in Tuscaloosa and the Alabama Women’s Center in Huntsville. According to the Alabama Department of Public Health, the clinics in Huntsville and Tuscaloosa performed 72 percent of the 8,080 abortions in Alabama in 2014. Scheduled to take effect on Aug. 1 of 2016, U.S. District Judge Myron Thompson temporarily blocked the enforcement of the new law in July of that year.

Phil Williams takes stand against ACLU lawsuit over pro-life law

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The American Civil Liberties Union (ACLU) filed a lawsuit against pro-life legislation sponsored by Rainbow City-Republican state Senator Phil Williams during the 2016 Alabama legislative session last week. The lawsuit challenges SB363, the Unborn Child Protection from Dismemberment Abortion Act, which prohibits a procedure called dilation and evacuation (“D&E” abortion), which accounts for approximately 95 percent of all abortions in the second trimester. It allows an exception only in the event of a “serious health risk to the mother.” According to Life News, “the ACLU argued that the laws restrict women’s access to abortion by closing abortion clinics and ‘severely curtailing’ second-trimester abortions in Alabama. Its lawyers also argued that dismemberment abortions are safe, common second-trimester procedures that women should have access to.” Williams responded Tuesday and slammed the ACLU for the lawsuit. “Last week, the ACLU filed a misguided legal challenge against the Unborn Child Protection from Dismemberment Act (SB363), which prohibits the gruesome abortion of unborn children by dismemberment,” Williams said in a statement where he cited a U.S. Supreme Court opinion in the case of Stenberg v. Carhart by Justice Anthony Kennedy, describing the procedure: “The fetus, in many cases, dies just as a human adult or child would: It bleeds to death as it is torn limb from limb.” “Life is a gift from God and protecting life is a primary duty of any court or legislature,” Williams continued. “The people’s representatives in the Alabama Legislature overwhelmingly approved the passage of the Unborn Child Protection from Dismemberment Act, and I am confident the courts will uphold its legality.” The law has been signed by Gov. Robert Bentley and is slated to go into effect August 1.

Alabama Senate defends the unborn, bans dismemberment abortions

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With a 30-2 vote, the Alabama Senate Tuesday moved to protect the sanctity of human life by prohibiting dismemberment abortions that tear off an unborn baby’s limbs. Sponsored by Rainbow City Republicans Sen. Phil Williams and Rep. Mack Butler, SB363: the Unborn Child Protection from Dismemberment Abortion Act, would prohibit a procedure called dilation and evacuation “D&E” abortion, which accounts for approximately 95 percent of all abortions in the second trimester. Allowing an exception only in the event of a “serious health risk to the mother.” “Dismemberment abortions are a heinous practice, and I am glad the Alabama Senate has taken this step to promote and protect a culture of life by outlawing these procedures,” Williams said following the bill’s passage in the Senate. “The abortion of unborn children through violent dismemberment is something all right-thinking Americans should condemn.” Last Wednesday, the Alabama House Health Committee held a public hearing to discuss the House companion bill sponsored by Butler. There Butler referred to the procedure as “barbaric” likening it to medieval punishments. “I appreciate the hard work that Representative Butler has done to advance this legislation in the House, and I trust the House of Representatives will give this bill swift passage before the end of session,” Williams continued. “I am grateful to the Alabama Senate for protecting unborn babies from dismemberment abortions,” said director of Alabama Citizens for Life, Cheryl Ciamarra,  “Our senators showed they prioritize human life and its protection by passing this legislation.” The House Health Committee is expected to revisit the companion legislation this week. Should SB363 become law, Alabama would become the fifth state to ban dismemberment abortion, joining Kansas, Oklahoma, West Virginia, and Mississippi.

Alabama lawmaker hopes to ban ‘barbaric’ abortion procedure

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Under a proposed bill in the Alabama legislature, a commonly used second-trimester abortion procedure would be illegal in the Yellowhammer State. Introduced by State Rep. Mack Butler (R-Rainbow City), HB 376 the Alabama Unborn Child Protection from Dismemberment Abortion Act, would ban the practice of dismemberment abortions, more commonly referred to as a D&E  — dilation and evacuation. The House Health Committee on Wednesday held a public hearing to discuss Butler’s bill. There he called the procedure “barbaric.” According to the National Right to Life, “dismemberment abortions involve introducing a sharp instrument which is used to grasp and pull the child out, piece by piece. The child is alive during this torturous process and dies of bleeding out during the dismemberment.” According to the National Abortion Federation Abortion Training Textbook, “D&E remains the most prevalent method of second-trimester pregnancy termination in the USA, accounting for 96 percent of all second trimester abortions.” Bill Klein, President of Alabama Citizens For Life, weighed-in, “Alabama children should be protected by law from being torn limb from limb. No human should die this way in a civilized society. It shows a total disrespect for the sanctity of human life.” Monday, neighboring Mississippi became the fourth state to enact a similar measure, following West Virginia, Kansas and Oklahoma. According to National Right to Life, Butler’s legislation — based on the pro-life organization’s model bill — also has been introduced in Idaho, Louisiana, Missouri, Nebraska, Pennsylvania, Minnesota, Rhode Island, and Utah and may be taken up in several other states. State Sen. Phil Williams (R-Rainbow City) has also introduced SB 363, a companion bill, in the Senate. The Senate Health Committee will also hold its hearing on Wednesday. The House Health Committee closed its hearing Wednesday without a vote, but Butler says he expects it to be passed in the committee next week.