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24 States Join Together in Defense of Alabama's Dismemberment Abortion Ban

BATON ROUGE, LA – Attorney General Jeff Landry is leading a coalition of 24 states in an amicus brief supporting Alabama’s urging of the 11th Circuit to reverse the district court’s injunction on the dismemberment abortion ban passed by the Alabama legislature in 2016.

“While abortions are constitutionally protected, the access to a particular abortion method, such as dismemberment, is not,” said General Landry. “The law prohibits animals or death row inmates from being killed by dismemberment, and the same protection should be provided for a defenseless unborn child."

States, like Alabama and Louisiana, can vindicate their interest in promoting respect for human life by passing laws ensuring abortion methods are consistent with that respect. 

Louisiana's similar dismemberment law is currently in litigation. Solicitor General Liz Murrill will defend the law in a case currently before Judge Brian Jackson in the Middle District of Louisiana. 

Last year, General Landry led a 22 state effort supporting Alabama’s challenged law banning dismemberment abortions arguing that the court challenging the law applied the wrong legal standard. Since then, the court has presented additional fact findings and analysis relative to whether the law at issue created an undue burden. A law presenting an undue burden on a fundamental right would be considered unconstitutional.

The Supreme Court has held that States have an interest in fostering respect for human life, including life for the unborn. Therefore, it is unquestionable that abortion by dismemberment compromises respect for life and the medical profession’s ethics. 

“States have made clear their interest in respecting and protecting unborn life,” said General Landry. “Furthermore, states have the power to regulate medical professionals in matters related to medical ethics."  

Louisiana was joined in this brief by AG’s from Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Michigan, Missouri, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wisconsin; and by Governors from Kentucky, Maine, and Mississippi.