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Alabama abortion case could make history when SCOTUS nominee Kavanaugh is confirmed

Alabama has a significant chance to make the history books if President Donald Trump’s nominee to the Supreme Court, Judge Brett Kavanaugh, is confirmed as expected.

Attorney General Steve Marshall announced he was “disappointed” and “carefully considering” an appeal to the United States Supreme Court two weeks ago after a federal court struck down the state’s law that bans the most frequently used second-trimester abortion procedure.

The law, passed in 2016 and entitled the Alabama Unborn Child Protection from Dismemberment Act, had previously been struck down by a lower federal judge in late 2017.

Now, with another seemingly pro-life justice possibly coming on to the highest court in the land and giving pro-lifers a 5-4 voting advantage, a Supreme Court appeal of this decision by the state of Alabama could very well be a case for the ages.

Yellowhammer News reported immediately after the decision that there may be a silver lining down the road for pro-life Americans, and this may come to fruition.

In the 11th Circuit decision, Chief Judge Ed Carnes wrote that “dismemberment” is an accurate description for the procedure the state law banned, but ruled against the state in deference to the highest court in the land.

“In our judicial system, there is only one Supreme Court, and we are not it,” he stated.

Marshall was “disappointed” in the ruling, but seemingly encouraged by the potential of taking the case before the Supreme Court. 

“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,” Marshall said in a press release.

He added, “I also appreciate Judge Dubina’s separate opinion that the United States Supreme Court’s abortion jurisprudence ‘has no basis in the Constitution.’”

“Our legal team is carefully considering whether we will petition the Supreme Court for review of this case,” Marshall concluded. “We expect to reach a decision soon.”

With Kavanaugh likely set to don his new robes this fall, liberals have been crying out that the end of Roe v. Wade might very well be near.

Whether the imminent appeal by the Yellowhammer State would result in that much of a success is unclear (but not probable). Nonetheless, taking the Alabama Unborn Child Protection from Dismemberment Act before the newly composed Supreme Court will almost certainly roll back abortion rights in a way the nation has not seen since 1973.

This historic-appeal-to-be is supported by Governor Kay Ivey and – make no mistake – by AG Marshall, too.

In an editorial published Tuesday by the Montgomery Advertiser, Marshall said that Kavanaugh’s confirmation also will be good for Alabama because of the judge’s stance on religious liberty, Second Amendment rights, federal overreach and interpreting – not making – laws.

“The U.S. Senate should swiftly confirm Judge Kavanaugh to the U.S. Supreme Court,” Marshall concluded.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn