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Attorney General Steve Marshall files brief asking Supreme Court to hear Alabama dismemberment abortion case

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Alabama Attorney General Steve Marshall

MONTGOMERY, Ala. – Attorney General Steve Marshall has asked the U.S. Supreme Court to hear a case challenging the constitutionality of Alabama’s law banning dismemberment abortions.

Attorney General Marshall filed a cert petition Thursday asking the Supreme Court to review the August 2018 ruling against Alabama’s 2016 law banning the second-trimester abortion procedure.

“The constitutionality of a state ban on dismemberment abortion is an important question of national significance,” Attorney General Marshall wrote in the brief.  “At least nine states have enacted laws to ban dismemberment abortion.”

Marshall argues that Alabama’s law is similar to the federal ban on partial-birth abortions.

“Federal law constitutionally prohibits partial-birth abortions. And there is no ‘meaningful difference’ between death-by-dismemberment abortion in the womb and partial-birth abortion outside it,” Attorney General Marshall wrote, “the court should grant certiorari and reverse.”

A link to a copy of the cert petition can be found here.

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