Alabama leaders filed an appeal Thursday to be allowed to include elective abortions in a state-wide restriction on non-essential medical procedures during the coronavirus pandemic.
Bloomberg Law reports the Alabama Attorney General’s Office asked the Eleventh Circuit Court of Appeals to end a judge’s order blocking the state from enforcing the restriction.
A hearing on the matter is scheduled for Friday, according to the report.
The state order restricts all non-essential medical care during the pandemic. The purpose is to conserve medical resources and prevent further spread of the virus. Alabama and several other states included elective abortions in their orders, but abortion facilities are suing many of the states to block the mandates.
On Monday, an Alabama district judge ruled against the inclusion of elective abortions in the state mandate, UPI reports. Judge Myron Thompson, who has a history of ruling for the abortion industry, argued that the mandate unconstitutionally restricts women’s right to abortion.
Thompson temporarily suspended the order as it applies to elective abortions through April 13, according to The Birmingham News. No other medical services are included in his order.
“Because Alabama law imposes time limits on when women can obtain abortions, the March 27 order is likely to fully prevent some women from exercising their right to obtain an abortion,” Thompson wrote in his decision.
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Earlier this week, Alabama Attorney General Steve Marshall expressed outrage at the lawsuit, which was filed by the abortion industry, not women.
“Put simply, no provider or clinic is excused from compliance with this order,” Marshall said in a statement. “At a time when all Americans are making significant sacrifices to prevent the spread of the COVID-19 virus, it is remarkable that one class of providers demands to be treated differently than all others.”
He said abortion facilities want an exemption, but they are not exempt from the risks of spreading the virus in crowded waiting rooms or using up scarce medical supplies that are needed to save lives.
Marshall also joined 15 other state attorneys general in filing a friend of the court brief supporting states that are including elective abortions in their health care restrictions, according to the report.
The state’s three abortion facilities and the American Civil Liberties Union filed the lawsuit Monday.
“… as of [Sunday] afternoon, the Attorney General refused to provide any further guidance as to how it is interpreting the scope of the Order other than to make plain that in its view some—and perhaps most—abortions are not permitted,” the lawsuit states. “The Attorney General did make clear, however, that violation of the March 27 Order carries criminal penalties.”
The ACLU claimed state leaders are “using the guise of the COVID-19 crisis” to stop abortions.
Abortion advocacy groups also filed lawsuits against Texas, Ohio, Oklahoma and Iowa. On Tuesday, the Fifth Circuit Court of Appeals allowed Texas to stop elective abortions as part of its restrictions during the coronavirus outbreak.
Notably, none of the lawsuits against these states were filed by women claiming harm. All of them come from abortion advocacy groups and abortion facilities that benefit financially from the killing of unborn babies.
Although the situation is fluid, here are the latest reports from LifeNews.com on the status of abortion and orders to stop non-essential medical services:
States Attempting to Protect Babies From Abortion
Texas: Abortion centers are temporarily closed after Governor Greg Abbott’s order. But Texas abortion businesses have sued the state to reopen. Planned Parenthood has filed a lawsuit as well to do abortions and ignore the order. A federal judge blocked the order and allowed abortion centers to keep killing babies but a federal appeals court reinstated the order.
Ohio: Abortion centers are included in the order to close but they are refusing to close. The health department is now investigating those violations. Meanwhile, a judge has blocked the state’s order banning abortions and later ruled that it’s up to abortion companies if abortions are essential.
Oklahoma: Oklahoma Gov Orders Abortion Businesses to Close, Killing Babies is Not “Essential” Medical Care. The Planned Parenthood abortion business has sued to keep doing abortions.
Indiana: Governor Bans Killing Babies in Abortions to Save Medical Resources to Fight Coronavirus. At least one abortion business is refusing to comply.
Alabama: Alabama stopped abortions under its non-essential order until April 13th but a judge ruled the state can’t infringe on the so-called “right” to abortion.
States Not Protecting Babies From Abortion
Kansas: Abortions are allowed in Kansas but a county in Wichita voted to close the late-term abortion clinic there.
New York: New York has issued an order to stop non-essential health services but is not applying it to abortion centers. New York Attorney General: Coronavirus Crisis is No Reason to Stop Killing Babies in Abortions. NYC Mayor Bill DeBlasio has threatened to permanently close churches while letting abortion centers stay open.
New Jersey: Shut down non-essential health care but abortion centers are excluded.
Michigan: Governor Whitmer has stopped non-essential medical surgeries but allowed abortion clinics to keep killing babies. Leading pro-life groups have heavily criticized her.
North Carolina: Pro-life groups have called on the governor to stop abortions during the coronavirus crisis.
Washington: Shut down non-essential health care but abortion centers are excluded.
California: Shut down non-essential health care but abortion centers are excluded. But 11 Planned Parenthood abortion centers have voluntarily closed.
Maine: Shut down non-essential health care but abortion centers are excluded.
Massachusetts: Shut down non-essential health care but abortion centers are excluded.
Canada has banned every other non-essential medical procedure except abortion.