Dem
51
GOP
49
Inasmuch as his conference has a national constituency, Kevin McCarthy's calculus on abortion is tricky, as we note above. On the other hand, Alabama Attorney General Steve Marshall (R), who clearly would like to be Alabama Governor Steve Marshall, has things at least a little bit easier. Since the Yellowhammer State is ruby red, all he has to do is find a way to kowtow to the anti-abortion folks.
As it turns out, however, that might be easier said than done. Alabama is one of those states that has already imposed a near-total ban on abortions, threatening those who provide the procedure, or assist someone in getting the procedure, or encourage the procedure, with serious criminal penalties. So, there is no good way for Marshall to "make his bones" by leading the charge against abortion providers. That charge has already been led by others.
The AG has been thinking carefully about the situation, however, and it would seem he's found his angle: prosecuting women who take abortifacient pills. The statement he issued is written in a language only loosely related to English, but the plan he's bandying about is to make use of an existing law that punishes women for taking harmful drugs (e.g., meth) while they are pregnant. This would allow Marshall to carve out his very own battlefield in the war against abortion.
There's still a problem, though. The reason that Marshall is compelled to creatively interpret the harmful drugs law is that there's no existing law in Alamama that specifically criminalizes the use of abortifacient pills. And that, in turn, is because even anti-abortion activists don't favor the passage of such a law. The stated reason for this, among members of that movement, is that the women who receive abortions are victims of the abortion-industrial complex, and should not be treated as criminals. This belief is probably sincerely held, at least among many anti-abortion activists. However, we suspect there is a second reason for this position, one that is not stated openly: Going after women, many of whom are poor, young, and/or already have children, would be really bad PR. Better to target the rich, elitist physicians.
And so, Marshall is getting a lot of blowback in response to his plan, including from anti-abortion activists. After all, most politicians can bluster about going after X person for Y offense, but can't actually do anything about it. The AG, on the other hand, most certainly can initiate prosecutions, so his announcement was met with much alarm. He appears to be backing off, though it's not clear if he is just waiting for things to blow over, or if he's concluded that his plan was a bad one. In any case, given his obvious aspirations for higher office, it will be worth keeping an eye on him in order to keep track of potential new fronts in the abortion wars. (Z)