The law will likely be challenged before it takes effect
Blog ››› ››› JULIE TULBERT
On May 15, Alabama’s Republican Gov. Kay Ivey signed a law banning nearly all abortions in the state with no exceptions for rape and incest. While the law will likely be challenged before it takes effect, right-wing media and abortion opponents defended the lack of exceptions and celebrated it as a sign of Roe v. Wade’s end.
The Alabama law prohibits abortion with only limited exceptions for “serious health risk” to the life of the pregnant person or because of a “lethal” fetal anomaly. As CNN noted, before the law’s signing, Democrats in the state legislature had “re-introduced an amendment to exempt rape and incest victims, but the motion failed on an 11-21 vote.” In addition to allowing for few exceptions, the law would also it a felony “punishable by up to 99 years in prison for doctors” to perform an abortion. Given patients’ concerns about the immediate accessibility of abortion care, it is important to note that abortion is still legal in Alabama. As Vox’s Anna North noted, the law has been signed by the governor but “does not take effect for six months,” and there are already plans underway to challenge it in court.
As Republicans and right-wing media have repeatedly fearmongered about Democrats advocating for expanded abortion access and the codification of Roe’s protections at the state level, anti-choice politicians have pushed increasingly extreme anti-abortion bills -- likely as an attempt to capitalize on the opportunity for the Supreme Court to overturn Roe with conservative Justices Brett Kavanaugh and Neil Gorsuch both now confirmed.
Here are some of the extreme reactions and celebrations of right-wing and anti-abortion media to the Alabama law
- Marjorie Dannenfelser, president of the anti-abortion group Susan B. Anthony List, celebrated the law as a “landmark victory for the people of Alabama who, like most Americans, overwhelmingly reject the extreme status quo of abortion on demand imposed nationwide by Roe v. Wade.” She added that she believed that “the time is coming for the Supreme Court to let that debate” on the legality of abortion “go forward.”
- Fox News’ Tucker Carlson responded to outrage over the law’s passage by characterizing it as being indicative of "the modern Democratic orthodoxy: If you love women, you will encourage them to kill their own offspring.”
- Anti-abortion group American Life League responded to an article saying the law bans “nearly all abortions” by arguing that the law didn’t go far enough. The group tweeted: “All of them should be banned.”
- Former Turning Point USA Communications Director Candace Owens repeated the myth that Planned Parenthood and pro-choice advocates are promoting “genocide for black America” in a tweet about the Alabama law.
- Fox News senior judicial analyst Andrew Napolitano claimed on Fox & Friends that abortion opponents believe that “the time is now” to dismantle Roe and therefore return regulation of abortion to the states. Napolitano repeated the false claim that states like “New Jersey or New York” allow “infanticide.”
- Turning Point USA’s Benny Johnson:
- The Daily Wire’s Matt Walsh repeatedly defended the law’s lack of a rape exception, claiming on his podcast that “abortion helps rapists cover up their crimes.” Walsh also said on Twitter that “abortion restrictions protect rape victims” and argued (inaccurately) that Planned Parenthood uses abortion to “assist an abuser in covering up abuse.” As an example, Walsh tweeted a hypothetical scenario alleging that denying an abortion to a “12 year old” who was “raped by her father” meant that there was a better chance that “his crime will be discovered.”
- The Daily Wire’s Ben Shapiro also defended the law’s lack of exceptions, saying on his podcast that those “concessions with regard to rape and incest” are only “a sop to public opinion rather than a principled stand about the value of human life.”
- On Fox & Friends, co-host Ainsley Earhardt speculated about whether abortion laws like Alabama’s are a potential solution to address the declining U.S. birth rate, asking, “Will we see the numbers go up because more people won't be able to have access to abortions?”
- LifeNews.com’s Steven Ertelt tweeted, “Democrats are so determined to make sure babies conceived in rape are killed in abortions. If only they were as concerned with putting the rapist in prison.” Ertelt’s outlet LifeNews.com responded to outrage over the draconian Alabama law with a tweet saying, “Funny how everyone complaining about Alabama banning abortions has already been born.”
- National Review also praised the law:
- On Fox News’ The Story with Martha MacCallum, Kristan Hawkins, president of the anti-abortion group Students for Life of America, celebrated the law as a sign that Roe was on the way to becoming “a historical footnote in our country.” Hawkins also tweeted that “abortion is a war on preborn women and men” and offered an inexplicable take on why people were “freaking out” about Alabama’s law:
- Hawkins’ organization celebrated the Alabama law as “a great step for abolishing abortion and protecting the civil rights of all people, born and preborn!”
- The Daily Caller’s Peter Hasson tweeted in defense of the law’s lack of exception, writing: “Btw the reasoning behind no exceptions for rape/incest in abortion bans is that an unborn child shouldn't lose their right to life on account of the circumstances that produced them.”
- One America News Network’s Liz Wheeler asked, “Two questions to ask about the Alabama abortion bill. 1) When does life begin? Science says human life begins at conception. 2) If life begins at conception, what right to do we have to end that life? We don't, therefore abortion cannot be legal.”
- On Fox News’ Fox News @ Night, conservative writer Eric Metaxas celebrated the Alabama law and other state abortion restrictions. He said these bans are “exactly what's supposed to happen. That's why Roe v. Wade is an abomination. It is not itself constitutional.”
- Lila Rose, founder of the anti-abortion group Live Action, lauded Alabama and other states pushing anti-abortion bills and wrote, “We will make our states a safer home for mothers & children.” Rose went on to defend the Alabama law’s lack of exceptions, saying, “It’s disgusting to use the horrific trauma of child rape as pretext for the barbaric 1M legal abortions.” Rose’s organization also claimed that the law does not “go too far” even without the exceptions.
- Religious media outlet Eternal World Television Network tweeted:
- Michael Brown, a senior contributor to right-wing Christian site The Stream, wrote about the Alabama law in the context of a literal “civil war” that he alleged was “coming to America” and would be fought over abortion rights. Brown said that although “I hope with all my heart that it will not be a physically violent war,” he expressed concern about “violent attacks by pro-abortion extremists leading to retaliation by those being attacked. (By definition, if you are pro-life, you will not seek to take the life of an innocent person.)”
- Kimberly Ross, a Washington Examiner contributor, tweeted that supporting rape exceptions “is not pro-life” because “You do not ‘unrape’ a woman by taking an innocent life. This confers worth on another based on feelings, not facts. What’s next?”
- On Anderson Cooper 360, CNN senior political commentator Rick Santorum said that “it does make sense” for abortion providers to get more jail time for performing an abortion than a rapist under Alabama’s law.
What right-wing media and abortion opponents ignore or attempt to downplay is that the impact of a post-Roe Alabama will be felt mostly by marginalized communities, including poor people and people of color, who may lack the resources to access abortion care by leaving the state. As Rolling Stone’s Alex Morris explained, this new ban -- and the disparities it would exacerbate -- adds to a health care landscape in Alabama where “over a quarter of mothers don’t receive adequate prenatal care and less than half the counties have a delivery room.” In addition, he noted that “not once but twice in the past five years,” Alabama “has ranked 50th in the country in infant mortality.”
Despite the celebrations of so-called "pro-life" figures, these terrible outcomes are likely to be more common if Alabama's law is allowed to take effect.