Judge uses Brett Kavanaugh's own words to shut down Alabama abortion prosecution

A federal judge used the words of conservative Supreme Court Justice Brett Kavanaugh to shoot down an effort to dismiss lawsuits challenging right-wing Alabama prosecutions.

The state’s attorney general has vowed to prosecute anybody helping residents travel elsewhere in the country to seek abortions after Alabama banned them with no exceptions.

Pro-reproductive rights group Yellowhammer Fund, along with the ACLU, sued and claimed Attorney General Steve Marshall’s action would be a violation of constitutional rights.

But Marshall, a Republican, filed a motion to dismiss the lawsuits.

"An elective abortion performed in Alabama would be a criminal offense; thus, a conspiracy formed in the State to have that same act performed outside the State is illegal," Marshall's office wrote.

This week, U.S. District Judge Myron Thompson denied the motion, reported Newsweek.

He used the words written by Kavanaugh in his concurring opinion in the ruling that overturned Roe v. Wade.

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Thompson wrote that the state, "cannot constitutionally prosecute people for acts taken within the State meant to facilitate lawful out of state conduct, including obtaining an abortion."

Then he referenced Kavanaugh, who said out-of-state travel for procedures was covered by "the constitutional right to interstate travel."

Alabama "can no more restrict people from going to, say, California to engage in what is lawful there than California can restrict people from coming to Alabama to do what is lawful here. In this sense, the case is not an 'especially difficult call,'" Thompson wrote.