States Ask U.S. Supreme Court to Accept Case Regarding Ban on Dismemberment Abortions

Montana and 21 other states are asking the U.S. Supreme Court to accept a case challenging Alabama’s ban on dismemberment abortions. Yesterday, the coalition filed an amicus curiae brief in the case of Marshall v. West Alabama Women’s Center.

In August 2018, the 11th Circuit Court of Appeals struck down Alabama’s law banning second-trimester dismemberment abortions. In December, Alabama asked the U.S. Supreme Court to accept the case for review. The multi-state amicus brief also urges the court to take the case.

In a dismemberment abortion, a doctor dismembers a living unborn child and extracts him or her one piece at a time from the uterus using clamps, grasping forceps, tongs, or scissors. In its petition to the U.S. Supreme Court, Alabama argued that its law is similar to the federal ban on partial birth abortions which was enacted in 2003 and upheld by the U.S. Supreme Court in 2007.

“This is a very important case with ramifications for every state,” Montana Attorney General Tim Fox said. “States should have the authority to ban this gruesome procedure. The U.S. Supreme Court should accept Alabama’s case and overturn the 11th Circuit Court ruling.”

Montana was joined in the amicus brief by the states of Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Kentucky.