Alabama Attorney General Steve Marshall announced he was “disappointed” and “carefully considering” an appeal to the United States Supreme Court after a federal court on Wednesday struck down Alabama’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.
Wednesday’s ruling was celebrated by the ACLU, however, there may be a silver lining down the road for pro-life Americans.
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.'”
The Alabama Attorney General’s Office is already thoroughly reviewing the possibility of an appeal to the Supreme Court.
“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.”
Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn