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Jul 09, 2023

California Gov. Gavin Newsom, Alabama AG Steve Marshall spar over abortion

California Gov. Gavin Newsom speaks during the Milken Institute Global Conference in Beverly Hills, California, on May 2, 2023. (Patrick T. Fallon/AFP/Getty Images/TNS)TNS California Gov. Gavin Newsom

California Gov. Gavin Newsom speaks during the Milken Institute Global Conference in Beverly Hills, California, on May 2, 2023. (Patrick T. Fallon/AFP/Getty Images/TNS)TNS

California Gov. Gavin Newsom announced Wednesday night his state will not cooperate with states seeking to prosecute women or doctors for seeking abortions.

“California will NOT cooperate with any state that attempts to prosecute women or doctors for receiving or providing reproductive care,” Newsom stated in a post on X, the social media platform formerly known as Twitter.

The comment came in response to a story dealing with Alabama Attorney General Steve Marshall’s arguing that the state can prosecute people who help women travel out of state for abortions.

“We aren’t asking for your permission,” Marshall replied to Newsom. “Alabama will not permit abortionists to defy our laws and enrich themselves by marketing hopelessness to women.”

Marshall’s statement came in a motion Monday in federal court to dismiss a lawsuit filed by providers, the ACLU and Yellowhammer Fund, which helped fund abortions in Alabama before the U.S. Supreme Court struck down the right to an abortion with its Dobbs decision.

The lawsuit, filed July 31, alleged Marshall violated the right to free speech when he said that individuals could be charged with conspiracy for helping women get abortions in other states. A doctor and a clinic owner said the comments made it difficult to advise or treat pregnant women, even those with complications.

Marshall said in July on the Jeff Poor Show, a talk radio program, that the state would investigate potential conspiracy or accessory charges for groups that openly fund or promote out-of-state abortions.

In his motion to dismiss, Marshall further argued the state can pursue charges because it has outlawed abortion.

“Though abortion may be legal elsewhere, it is plainly illegal pursuant to Ala. Code § 13A-4-4 for Plaintiffs to conspire with others to procure abortions that would be illegal in Alabama,” according to Marshall’s motion. “The criminal conduct is the agreement (the conspiracy) itself, which is conduct that occurs in Alabama that Alabama has every right to prosecute. Thus, the legality of abortion in other States is irrelevant to whether Alabama can prosecute a conspiracy formed in Alabama.”

The First Amendment does not cover speech related to breaking the law, according to Marshall’s motion.

Attorneys for the Yellowhammer Fund argued that authorities in Alabama cannot prosecute someone for conspiracy in another state where abortion is legal.

A judge has scheduled a hearing Tuesday to consider Marshall’s motion to dismiss.

Newsom in April visited Montgomery on the 55th anniversary of Martin Luther King Jr.’s assassination.

Newsom said activists should draw inspiration from the Civil Rights Movement in combatting “the rollback of progress” in red states, including Alabama.

“We have a lot of work to do to build a movement to counter what’s happening in red states across this country.”

In 2022, Newsom criticized Gov. Kay Ivey’s plan to build two “mega prisons” with COVID relief money.

“And yet, Governor, folks are making their choice, leaving California in droves and calling ‘red states’ like Alabama home,” Ivey said in response.

California will NOT cooperate with any state that attempts to prosecute women or doctors for receiving or providing reproductive care. https://t.co/tZBYXie1Ss

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