The state of Alabama isn’t appealing the injunction that keeps the state’s near-total abortion ban from going into effect. This means abortion is still legal in Alabama as the lawsuit goes through the federal courts. The deadline to file an appeal for the temporary injunction was Nov. 29.
The legislation is the latest attempt by conservative lawmakers to challenge Supreme Court decisions Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, which protect the right to abortion and allow states to enact some restrictions on abortion, respectively.
“It will take time to develop a record in support of our arguments that Roe and Casey were wrongly decided and should be overruled. We hope to have a chance to build that record before any appeal. And for that reason, we have not appealed the preliminary injunction,” Mike Lewis, a spokesman for Alabama Attorney General Steve Marshall, told the AP.
Alabama’s latest legislative attempt to ban abortion would make performing an abortion, in most cases, a felony. It bans abortion during every stage of a pregnancy and does not have a rape or incest exception. The legislation’s only exception is for life endangerment. Alabama Gov. Kay Ivey (R) signed the bill into law in May.