Federal Judge Temporarily Halts Alabama Law Banning Dismemberment Abortions

Photo Credit: Markus Knigge
Photo Credit: Markus Knigge

MONTGOMERY, Ala. — A federal judge appointed to the bench by then-President Jimmy Carter has temporarily halted the enforcement of an Alabama law that bans dilation and evacuation (D&E) abortions, and prohibits abortion facilities from operating within 2,000 feet of an elementary or middle school.

As previously reportedS.B. 363 was signed into law in May by Gov. Robert Bentley, outlawing what is commonly known as “dismemberment abortions” in the state.

“[I]t shall be unlawful for any individual to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn child’s mother,” the bill reads.

The legislation defines a dismemberment abortion as to “purposely to dismember a living unborn child and extract him or her one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp, or any combination of the foregoing, a portion of the unborn child’s body to cut or rip it off.” D&E procedures are common in second trimester abortions.

However, the bill also notes that the prohibition does not ban other abortion methods, as it “does not include an abortion which uses suction to dismember the body of the developing unborn child by sucking fetal parts into a collection container.” Suction aspiration abortions are common in the first trimester.

 S.B. 205, which prohibits abortion facilities from operating within 2,000 feet of a school, was also signed into law following its passage.

“The Alabama Department of Public Health may not issue or renew a health center license to an abortion clinic
or reproductive health center that performs abortions and is located within 2,000 feet of a K-8 public school,” it simply reads.

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There are two abortion facilities near schools in Alabama: Alabama Women’s Center for Reproductive Alternatives in Huntsville and West Alabama Women’s Center Inc. The new law is expected to result in the closure of both locations.

AL.com reports that the facilities performed 72 percent of the state’s 8,080 abortions in 2014.

Therefore, abortionists Willie Parker and Yashica Robinson White, with the assistance of the American Civil Liberties Union of Alabama (ACLU) filed suit to challenge the prohibitions, asserting that the laws are a burden on mothers.

On Wednesday, U.S. District Judge Myron Thompson placed a halt on the law, which was set to take effect on Aug. 1, and set a hearing over the matter in October. Both sides agreed to the temporary restraining order in order to give the state more time to respond to the lawsuit.

”Politicians all across the United States are building walls to prevent women from having access to safe and legal abortion,” Susan Watson, executive director of the ACLU of Alabama, remarked following the decision.

Alabama Attorney General Luther Strange said that he looks forward to the battle.

“I intend to vigorously defend the constitutionality of these important laws in federal court at the October hearing,” he commented in a statement.

As previously reported, Thompson is known for ordering the removal of a Ten Commandments monument placed by Supreme Court Chief Justice Roy Moore in 2003. He also made headlines last October when he ruled that officials must restore the state’s contract with Planned Parenthood because canceling it denied women their choice in reproductive services.


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  • http://HisPlaceDanville.com Stephen Anderson

    Perhaps if these judges were facing dismemberment, their understanding of the Constitution might be different. Federal judged do not hold their position for life but “on good behavior”. They are behaving badly.

    • Ambulance Chaser

      How are they behaving badly? Are they violating some ethics rule?

      • http://HisPlaceDanville.com Stephen Anderson

        Behaving badly by not abiding in the original intent of the Constitution.

        • Ambulance Chaser

          Are they supposed to?

  • The Skeptical Chymist

    As long as abortion remains a legal procedure, legislatures should be prohibited from interfering with medical decisions about how the abortion is carried out. It is the doctor’s decision to make as to which method is the safest for the pregnant woman. The government should not interfere with this decision.

    • WorldGoneCrazy

      “As long as abortion remains a legal procedure, legislatures should be prohibited from interfering with medical decisions about how the abortion is carried out.”

      “As long as slavery remains a legal procedure, legislatures should be prohibited from interfering with slaveowner decisions about how the slavery is carried out.” — SC’s great great great grandpappy

      All it took was 3 simple substitutions to illuminate the depravity of your moral compass.

      • Ambulance Chaser

        Okay, but slavery is not legal. So what’s your point?

        • WorldGoneCrazy

          Please.

          Slavery once WAS legal in our country, and was widely accepted precisely for that reason.

          But, it was never moral.

          The argument that legislators should not have a shot at restricting or abolishing abortion, if applied to slavery, would mean that slavery could still be in play today. In fact, laws WERE passed to restrict and abolish slavery.

          And other human rights abuses – for instance, Civil Rights.

          Besides being legally absurd (legislation is how laws protecting the most vulnerable are passed), it is also a morally repugnant argument.

        • Amos Moses

          “In the past year, 136 young Black men have been killed in confrontations with police. However, the hypocrisy of the left is revealed in that, they ignore the continuing slaughter of innocent Black babies,” says Walter Hoye, President of the Issues4Life Foundation. “Neither should be ignored.”

          “Totaling 20.4 million since Roe v. Wade and 429,000 in 2015, that’s 3,154 times as many Black lives taken by abortion each year as are killed by the police. Yet pro-choicers scream at the thought of defunding Planned Parenthood and its $550 million dollar a year government subsidy for its genocidal mission,” Hoye continues. “Meanwhile, the media ignores the contradictions between this harsh reality and the promises of the left, who fail to notice the suicidal implications for their own political futures.”

          But slavery is “BAD” and aborting black babies ………… “GOOD”? ……….. and “Liberals” defend this holocaust ………. because ………

          • Ambulance Chaser

            I didn’t say anything was good or bad. I said one was legal and the other is not.

            I have no idea why you’re quoting statistics about abortion.

          • Theophile

            Today we(US) Americans boast about freeing slaves & even built a temple to Abraham celebrating that… overlooking the national obelisk.

            All the while complicit with keeping the slaves out of sight out of mind in countries with no EPA, OSHA, Labor boards, Living wage, or human rights, making products imported tax & duty free to compete with American industrial labor for shelf space at BigBoxCo, and forcing out the middle class from wealth making, to standing in food stamp lines.

            At least the slave owners of the past: fed, clothed, housed, & cared for their slaves as well as they cared for their livestock .. Today’s generation that depends on slavery could care less about the well being of the children in sweat shops, could care less if they are fed, housed, clothed, or treated better than a dog. … As long as WalMart is cutting prices, out of sight out of mind slave complicit hypocrisy is the American way(legal)!

      • Ronald Carter

        That ridiculous comparison again, which was as ludicrous the first time as it is now.

    • Oboehner

      What then is safest for the child, dismemberment?

      • The Skeptical Chymist

        The consequence for the fetus is the same, regardless of method. That’s why concerns for the fetus are irrelevant, as long as abortion remains legal. Since the outcome for the fetus is the same, the medical decisions must be focused on what is the safest medical procedure for the woman.

        • Oboehner

          Concerns for the baby are irrelevant… Hmmm.
          Which would you rather be, poisoned or dismembered?

  • WorldGoneCrazy

    To Judge Myron Thompson, Willie Parker, and Yashica Robinson-White, please heed these words of Jesus:

    ““It would be better for them to be thrown into the sea with a millstone tied around their neck than to cause one of these little ones to stumble.” – Luke 17:2

  • Grace Kim Kwon

    Real women – mothers – die to protect children. Witches kill children and evil powers always help the murder. Real men protect women and children and rather die than to exploit them or obey to witches.

    • WorldGoneCrazy

      Amen, Sister Grace!

    • RWH

      There’s a lot of people at play at any situation like this. People need to think of the rest of the family, the children, the husband, and the rights of the woman–and the ways that all would be affected should the woman die. I would hate to live in a society where a woman is condemned to death by some sort of insensitive monster like you. The United States was formed to get people away from the tyranny of a state church with leadership that behaves like the Taliban.

      Grace, I’m so delighted that you don’t live anywhere near me. My family doesn’t need close-minded busybodies who pry into the personal moral decisions that we all must make. If this is your attitude toward woman, you’re a dangerous person to have around. Put someone like you in charge, and Stalin’s purges will look like child’s play.

      I hope that you are never under the spell of someone who would glibly put you to death over some idiotic dualistic moral principle where people go “by the book” instead of looking at an issue from all sides. Years ago, the mother would die in childbirth, and the children would end up being warehoused in orphanages because fathers couldn’t take care of the kids and earn a living at the same time.

      • Grace Kim Kwon

        If a mother is in physical danger by carrying the term, the baby is aborted to save the mother’s life although such case is extremely rare. Mothers don’t willfully kill children because of inconvenience but rather risk one’s own life to save and protect children. That’s the norm and what is right. Abortion is murder. Unwanted children are not sub-humans. Talibans are pagans like today’s secular Americans. Stalin was an atheist like today’s secular Americans. Atheists sell human body parts. Pagans and atheists do not value human life equally; only Christians do it unconditionally and attempt to save every human life. Listen to the Biblical Christians in your land to get civilized. Today’s Western culture needs a fix by the Church like all others do to gain truth and humaneness.

        • RWH

          Yup! I’ve heard lots of do-gooders pontificate just like you because it is so very easy to pass judgement on others. Then, all of a sudden, they find themselves in a predicament, and watch them come face to face with all the complexities of life. The difference between you and me is that I don’t try to live lives for other people. I may not be pleased with some of the decisions that others make, but they should be free to make their decisions. You don’t know what the circumstances of these people are.

          And how exactly do you know how pagans and atheists think? Having worked for two “Biblically based” Christian organizations, I can vouch that a lot of so called pagan institutions have a higher ethical standard. And I have seen a number of “Biblically based” Christians and Christian institutions treat others like trash and then find good “Biblical” reasons for their reprehensible actions. A lot of them eat their own young. I know of one personally who was raped by a teacher in a “Biblically based” institution. The victim was treated like scum, and the authorities excused away the perpetrator under the guise that the student tempted the perpetrator.

          • Grace Kim Kwon

            You are the way you are because you have no life-giving truth to defend or care for. The problem is secular Western culture persecutes the Christians and tries to silence them in the land; that’s the human rights abuse and everything that stands against freedom because freedom was established for declaration of the truth and not for carrying out decadence. Humans are already hopelessly freely sinful. Civilizations needed the freedom to do right – to get access to God’s truth everywhere. Your observation and experiences are too limited and individual. You’d complain that all police officers and all teachers are criminals by your reasong.

            You modern Americans actually know nothing about the pagans and atheists since you were never ruled by them but were always surrounded by the most compassionate civilized Protestant Christian churches on earth. Other nationals’ mainland has been severed by both paganism and atheism and suffered the immense darkness which is beyond your imagination. Secularism is useless because it regards crimes against humanity as a mere culture. The Church truly fights for real victims till the end. You must stop whining over your little experiences and start real observation in the entire world. On Planet Earth, no Christianity means no truth and no humaneness. You noticed not a thing because you’ve been always best-treated by the gentle Church. Read the Holy Bible and do what is right.

  • Amos Moses

    “In the past year, 136 young Black men have been killed in confrontations with police. However, the hypocrisy of the left is revealed in that, they ignore the continuing slaughter of innocent Black babies,” says Walter Hoye, President of the Issues4Life Foundation. “Neither should be ignored.”

    “Totaling 20.4 million since Roe v. Wade and 429,000 in 2015, that’s 3,154 times as many Black lives taken by abortion each year as are killed by the police. Yet pro-choicers scream at the thought of defunding Planned Parenthood and its $550 million dollar a year government subsidy for its genocidal mission,” Hoye continues. “Meanwhile, the media ignores the contradictions between this harsh reality and the promises of the left, who fail to notice the suicidal implications for their own political futures.”

    LifeNews ……………..

  • LadyInChrist♥BlessedBeTheLord

    What a sick Generation we have become 🙁 How this must hurt God and His Son. How much more will God put up with?

    • Theophile

      Hi LadyInChrist,

      You asked; “… How much more will God put up with?”

      Numbers 14:26 And the LORD spake unto Moses and unto Aaron,
      saying, How long shall I bear with this evil congregation, which murmur
      against me?

      ## We know that all things are held together by God, how much energy is involved holding the simplest of atoms(hydrogen) together?

      In Revelation 13:8 we are informed that “The slain Lamb(Jesus)” was not only recently slain on a cross 2000 years ago, but was slain “from the foundation of the world”. Just what was those skins The LORD provided Adam & his wife made out of?..nevermind that now..

      Since we know that the world was made through God’s Word(Jesus) as the opening chapter of John’s gospel states…

      ..And since all things are “held together” by God’s Word(Jesus)…

      …We can then understand The LORD’S sentiments of “bearing with” the evil congregation in the wilderness who were complaining the whole time…

      …And we can see the “holding together” an entire world whose inhabitants continually engage in evil, imagine evil, & hate God’s Law, Commandments, Word & Will… would be even harder to bear than just a group with Moses.

      ## If You want to see what it’s like for Jesus(God’s Word Who made all things & through Him all things exist), to bear with men/women all these millennia, God provided a snapshot of what that has been continually like, in terms we can understand, in the picture of God’s Word/Law/Commandments being rejected by those that boasted in them, with Jesus battered, despised & crucified on the cross !O_o!

      Even modern Christianity would keep God’s Law, Commandments, Word, & Will crucified dead & buried!

      Who did Jesus upbraid for making God’s Law & commandments “of none effect with their doctrines & traditions”?(Mark 7:5-9)

      # The Pharisee’s…

      Where does the modern Christian get the idea that they are “dead to God’s Law(Jesus)”?

      Essentially we have to believe that since the grave was not able to hold the flesh of Jesus, it would not be able to hold God’s Law, Commandments, ordinances, etc either seeing they “tend to life”.

      Ezekiel
      20:19 I am the LORD your God; walk in my statutes, and keep my judgments, and do them;

      20:20 And hallow my sabbaths; and they shall be a sign between me and you, that ye may know that I am the LORD your God.

      • LadyInChrist♥BlessedBeTheLord

        Thank you for responding with Bible Scripture.