[20190516]LSB10299_胎儿生存能力和《阿拉巴马州人类生命保护法》.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Fetal Viability and the Alabama Human Life Protection Act May 16, 2019 Alabamas governor, Kay Ivey, recently signed the Alabama Human Life Protection Act (AHLPA), a measure that prohibits the performance or attempted performance of most abortions in the state. The new law is scheduled to take effect in six months. Unlike other state laws that restrict abortions once a fetus reaches a specified gestational age, the AHLPA prohibits the procedure for “an unborn child in utero at any stage of development.” Gov. Ivey has described the new law as “a powerful testament to Alabamians deeply held belief that every life is precious.” At the same time, however, she acknowledges that the law may not be enforceable in light of the U.S. Supreme Courts abortion jurisprudence. In fact, federal appellate courts have invalidated several state laws that attempted to prohibit the procedure prior to fetal viability, the point in a fetuss development when it is able to live outside the mothers womb, with or without artificial assistance. In Roe v. Wade, the Courts 1973 abortion decision, viability was identif