In October, a lawyer in Alabama sued the state’s governor, attorney general, and district attorney generals in state court on behalf of representatives for unborn African American children for their failure to enforce the state’s Human Life Protection Act, which bans abortion, and protect their fundamental right to life. FACT was asked to assist and did assist local counsel in preparing a motion on behalf of a solid group of Alabama legislators to intervene in the lawsuit to defend the constitutionality of the law, which the state defendants say “violate[s] federal law.”

The motion and accompanying memorandum of law make[the same Ninth Amendment argument that FACT submitted to the U.S. Court of Appeals for the Sixth Circuit in support of Tennessee’s abortion law.
FACT’s president, David Fowler, said FACT decided to work on the case because “a decision on the law by Alabama’s Supreme Court can be appealed directly to the United States Supreme Court. So, should the case reach SCOTUS and this new Ninth Amendment argument prevail, then Tennessee’s law will also be enforceable.”