Case: West Alabama Women's Center v. Marshall

2:23-cv-00450 | U.S. District Court for the Middle District of Alabama

Filed Date: July 31, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is the result of a consolidation of two lawsuits about reproductive rights in Alabama. On July 31, 2023, the Alabama Women's Center and the West Alabama Women's Center, two reproductive health care facilities, filed their lawsuit in the United States District Court for the Middle District of Alabama. On the same day, the Yellowhammer Fund, a reproductive rights organization, filed a similar lawsuit in the same court. The plaintiffs, represented by the ACLU, the Lawyering Project, and …

This case is the result of a consolidation of two lawsuits about reproductive rights in Alabama. On July 31, 2023, the Alabama Women's Center and the West Alabama Women's Center, two reproductive health care facilities, filed their lawsuit in the United States District Court for the Middle District of Alabama. On the same day, the Yellowhammer Fund, a reproductive rights organization, filed a similar lawsuit in the same court. The plaintiffs, represented by the ACLU, the Lawyering Project, and the Southern Poverty Law Center, sued Alabama's Attorney General and District Attorneys under 42 U.S.C. § 1983 and the Declaratory Judgment Act, claiming that Alabama law does not authorize prosecutions for helping people travel to a different state for medical abortions and that if it does so, it would be contrary to the Fourteenth Amendment's Due Process Clause, the First Amendment rights to free expression and association, and the constitutional right to travel. They sought a declaration that these prosecutions would be unconstitutional, an injunction against such prosecutions, and attorneys' fees. The presiding judge in this case was the Honorable Myron H. Thompson.

After the Supreme Court decided Dobbs v. Jackson Women's Health Organization, denying a constitutional right to an abortion, the state of Alabama passed a law criminalizing nearly all abortions in the state. The Alabama Attorney General later indicated the state might prosecute people as accomplices or co-conspirators for helping others get out-of-state abortions. These lawsuits were a response to those potential prosecutions.

On August 2, 2023, the West Alabama Women's Center and the Alabama District Attorneys filed a joint motion to dismiss the District Attorney defendants, in which the District Attorneys agreed to obey any injunction or declaratory judgment that the case produced. The Court granted this motion the following day.

On August 21, 2023, the court granted the Attorney General's motion to consolidate the two civil actions. On August 28, 2023, the Yellowhammer Fund moved for summary judgment. On the same day, the Attorney General moved to dismiss the case. Defendant argued that the Alabama law did not violate the right to travel of plaintiffs’ staff and clients, nor did the law violate any alleged “right to be free from extraterritorial application of law.” Defendant also argued that the First Amendment's protection of free speech does not extend to criminal conduct. Finally, Defendant argued that the law did not violate the Due Process Clause.

On November 9, 2023, the Department of Justice filed a statement of interest in support of the plaintiffs' right to travel claim. The United States argued that the right to travel protects an individual's right to cross state lines and engage in conduct that is lawful in other states, including obtaining a legal abortion. Furthermore, DOJ argued that states may not prevent third parties from assisting individuals in exercising their right to travel.

On May 6, 2024, the court granted the motion to dismiss as to the overbreadth claim and due process claim. The Court denied the motion to dismiss as to the right to travel claim, the freedom freedom-of-speech claim, the freedom-of-association claim, and the extraterritoriality claim. 

On May 15, 2024, the court denied the Plaintiff’s motion for summary judgment without prejudice. 

On June 17, 2024, Plaintiffs filed another motion for summary judgment. Plaintiffs argued that Defendant’s threatened prosecutions would violate the right to travel, the prosecutions are First Amendment violations, and the law is a violation of the Due Process Clause and foundational principles of sovereignty and comity. The same day, Defendant filed a motion for summary judgment. Defendant argued that the court  lacks subject-matter jurisdiction to consider some of Plaintiffs’ claims, Plaintiffs’ extraterritorial law fails as a matter of law, Plaintiffs’ right to travel claim fails as a matter of law, and Plaintiffs’ First Amendment claims fail as a matter of law. 

The court heard oral arguments on the motions for summary judgment on March 5, 2025. On March 31, Judge Thompson granted summary judgment for Plaintiffs and declared that the use of Alabama’s criminal code to prosecute people who assist individuals seeking to leave Alabama to access legal abortion care would violate the First Amendment and the right to travel. 

In the opinion, Judge Thompson held that the Alabama Attorney General’s threatened enforcement constituted a violation of plaintiffs’ clients right to travel, which includes the right to obtain necessary assistance to travel. He granted summary judgment on those claims except for the Plaintiff Yellowhammer Fund brought on its own behalf, instead choosing not to decide whether Yellowhammer Fund itself had a right to travel. Judge Thompson also granted summary judgment for freedom-of-speech claims, finding that the statute failed strict scrutiny. The court granted in part and denied in Plaintiffs’ expressive-conduct claims, finding that ‘funding’ was expressive conduct but that ‘transportation’ was not. It granted Defendant’s motion for summary judgment on the latter claim. Lastly, the court denied and dismissed without prejudice Plaintiffs’ remaining claims. 

As of April 29, 2025, the case is ongoing.

 

Summary Authors

Renuka Wagh (10/28/2023)

Michelle Wolk (11/17/2023)

Madilynn O'Hara (6/30/2024)

Avery Coombe (4/29/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67649369/parties/yellowhammer-fund-v-marshall-lead/


Judge(s)
Attorney for Plaintiff

Burrows, Meagan Marlis (Alabama)

Chaiten, Lorie Ann (Alabama)

Dolan, Krista Ann (Alabama)

Attorney for Defendant

Chynoweth, Brad A. (Alabama)

Davis, James William (Alabama)

show all people

Documents in the Clearinghouse

Document
1

2:23-cv-00450

Complaint for Declaratory and Injunctive Relief

Yellowhammer Fund v. Marshall

July 31, 2023

July 31, 2023

Complaint
1

2:23-cv-00451

2:23-cv-00450

Complaint

July 31, 2023

July 31, 2023

Complaint
21

2:23-cv-00451

Consent Order

Aug. 3, 2023

Aug. 3, 2023

Order/Opinion
28

2:23-cv-00450

Motion to Dismiss

Fund v. Marshall

Aug. 28, 2023

Aug. 28, 2023

Pleading / Motion / Brief
40

2:23-cv-00450

Statement Of Interest Of The United States In Support Of Plaintiffs' Right To Travel Claim

Nov. 9, 2023

Nov. 9, 2023

Statement of Interest (DOJ)
48

2:23-cv-00450

Opinion and Order

Fund v. Attorney General of Alabama Steve Marshall

May 6, 2024

May 6, 2024

Order/Opinion

2024 WL 1999546

54

2:23-cv-00450

Order

Fund v. Attorney General of Alabama Steve Marshall

May 15, 2024

May 15, 2024

Order/Opinion
62

2:23-cv-00450

Motion for Summary Judgment

Fund v. Attorney General of Alabama Steve Marshall

June 17, 2024

June 17, 2024

Pleading / Motion / Brief
61

2:23-cv-00450

Plaintiff Yellowhammer Fund's Motion for Summary Judgment

Fund v. Attorney General of Alabama Steve Marshall

June 17, 2024

June 17, 2024

Pleading / Motion / Brief
84

2:23-cv-00450

Memorandum Opinion and Order

March 31, 2025

March 31, 2025

Order/Opinion

2025 WL 959948

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67649369/yellowhammer-fund-v-marshall-lead/

Last updated July 9, 2025, 10:55 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Steve Marshall ( Filing fee $ 402 receipt number AALMDC-3477822.), filed by Yellowhammer Fund. 90 day Rule 4m deadline set for 10/30/2023. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Light, Ashley) (Entered: 07/31/2023)

1 Civil Cover Sheet

View on RECAP

2 Summons

View on PACER

July 31, 2023

July 31, 2023

Clearinghouse

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

July 31, 2023

July 31, 2023

PACER
2

Motion for Attorney Jamila Johnson to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3477849.) by Yellowhammer Fund. (Attachments: # 1 Certificate of Good Standing)(Light, Ashley) Modified on 7/31/2023 to reflect requesting Atty (bes, ). (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

PACER
3

Motion for Attorney Allison L. Zimmer to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3477852.) by Yellowhammer Fund. (Attachments: # 1 Certificate of Good Standing)(Light, Ashley) Modified on 7/31/2023 to reflect requesting atty (bes, ). (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

PACER
4

Motion for Attorney Paige Suelzle to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3477864.) by Yellowhammer Fund. (Attachments: # 1 Certificate of Good Standing)(Light, Ashley) Modified on 7/31/2023 to reflect requesting atty (bes, ). (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

PACER
5

Motion for Attorney Krista Ann Dolan to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3477865.) by Yellowhammer Fund. (Attachments: # 1 Certificate of Good Standing)(Light, Ashley) Modified on 7/31/2023 to reflect requesting atty (bes, ). (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

PACER
6

Corporate/Conflict Disclosure Statement by Yellowhammer Fund. (Light, Ashley) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

PACER
7

Case assigned to Magistrate Judge Kelly F. Pate as Presiding Judge. (bes, ) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
8

NOTICE of Assignment to Magistrate Judge sent to counsel for (PLF) Yellowhammer Fund. (bes, ) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

PACER
9

Summons Issued as to Steve Marshall.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (bes, ) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

PACER
10

TEXT ORDER granting 2, 3, 4, & 5 Motions for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge Kelly F. Pate on 7/31/2023. (No PDF attached to this entry) (bes, ) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

PACER
23

(COPY OF COMPLAINT FILED IN 23cv451) COMPLAINT against Steve Marshall, William R. Adair, T. Kirke Adams, Scott Anderson, Daryl D. Bailey, Jeffrey Wade Barksdale, Stephen M. Billy, Keith Blackwood, Jennifer Bray, Robert L. Broussard, Danny Carr, Matthew Casey, Pamela Casey, Rick Chancey, Chris Connolly, Champ Crocker, Joseph D. Ficquette, Steven D. Giddens, Russ Goodman, Gregory S. Griggers, Andrew C. Hamlin, Lyle Harmon, Hal Hughston, Errek P. Jett, Brian C.T. Jones, Brian A. McVeigh, Walter M. Merrell, III, Jason R. Pierce, Ben C. Reeves, Jr., CJ Robinson, Mike Segrest, Summer McWhorter Summerford, Scott A. Slatton, James H. Tarbox, Charlotte M. Tesmer, Robert Turner, Jr., Jessica Ventiere, Lynneice Olive Washington, Todd Watson, Hays Webb, Joseph Willoughby, Robert E. Wilters, Stephen K. Winters, filed by West Alabama Women's Center, Yashica Robinson, Alabama Women's Center (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(cwl, ) (Entered: 08/21/2023)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

July 31, 2023

July 31, 2023

RECAP
11

SUMMONS Returned Executed by Yellowhammer Fund. Steve Marshall served on 8/1/2023, answer due 8/22/2023. (Light, Ashley) (Entered: 08/02/2023)

Aug. 2, 2023

Aug. 2, 2023

PACER
24

(COPY OF MOTION FILED IN 23cv-451) Joint MOTION to Dismiss the District Attorney Defendants by Alabama Women's Center, Yashica Robinson, West Alabama Women's Center, Steve Marshall, William R. Adair, T. Kirke Adams, Scott Anderson, Daryl D. Bailey, Jeffrey Wade Barksdale, Stephen M. Billy, Keith Blackwood, Jennifer Bray, Robert L. Broussard, Danny Carr, Matthew Casey, Pamela Casey, Rick Chancey, Chris Connolly, Champ Crocker, Joseph D. Ficquette, Steven D. Giddens, Russ Goodman, Gregory S. Griggers, Andrew C. Hamlin, Lyle Harmon, Hal Hughston, Errek P. Jett, Brian C.T. Jones, Brian A. McVeigh, Walter M. Merrell, III, Jason R. Pierce, Ben C. Reeves, Jr., CJ Robinson, Mike Segrest, Summer McWhorter Summerford, Scott A. Slatton, James H. Tarbox, Charlotte M. Tesmer, Robert Turner, Jr., Jessica Ventiere, Lynneice Olive Washington, Todd Watson, Hays Webb, Joseph Willoughby, Robert E. Wilters, Stephen K. Winters (Attachments: # 1 Text of Proposed Order)(cwl, ) (Entered: 08/21/2023)

Aug. 2, 2023

Aug. 2, 2023

PACER
25

(COPY OF ORDER ENTERED IN 23cv451) CONSENT ORDER: it is ORDERED that the 17 joint motion to dismiss is granted and that the following "District Attorney defendants" are dismissed without prejudice from this action, as further set out in order; The District Attorney Defendants and their employees, agents, and successors in office shall be bound by the terms of any injunctive (including but not limited to a temporary restraining order or preliminary injunction), declaratory, and/or other relief against the Attorney General of Alabama and/or any of the other defendants by any court in this action so long as such relief remains in effect as to any party, as further set out in order; further ORDERED that the clerk of the court shall terminate the above District Attorney Defendants as parties to this action. Signed by Honorable Judge Myron H. Thompson on 8/3/2023. (cwl, ) (Entered: 08/21/2023)

Aug. 3, 2023

Aug. 3, 2023

RECAP
12

NOTICE of Appearance by James William Davis on behalf of Steve Marshall (Davis, James) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
13

Corporate/Conflict Disclosure Statement by Steve Marshall. (Davis, James) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
14

NOTICE of Assignment to Magistrate Judge sent to counsel for (DEF) Steve Marshall (cwl, ) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
15

NOTICE of Appearance by Benjamin Matthew Seiss on behalf of Steve Marshall (Seiss, Benjamin) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
16

ORDER: Counsel for the parties are DIRECTED to complete the appropriate attached form and send it to the Clerk of the Court by September 5, 2023, as further set out in order. Neither the consent form nor the request for reassignment form should be filed electronically. Signed by Magistrate Judge Kelly F. Pate on 8/14/2023. (cwl, ) (Entered: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

PACER
17

Unopposed MOTION for Extension of Time by Steve Marshall. (Seiss, Benjamin) Modified on 8/16/2023 to correct motion event and clarify text (cwl, ). (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER

Order on Motion for Extension of Time to Answer

Aug. 16, 2023

Aug. 16, 2023

PACER
18

MOTION to Consolidate Cases by Steve Marshall. (Seiss, Benjamin) (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER
19

TEXT ORDER granting 17 Unopposed MOTION for Extension of Time. Signed by Magistrate Judge Kelly F. Pate on 8/16/2023. (no pdf attached) (cwl, ) (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER
20

Case Reassigned to Honorable Judge Myron H. Thompson as presiding Judge and Magistrate Judge Kelly F. Pate as referral Judge. Magistrate Judge Kelly F. Pate no longer assigned to the case as presiding Judge. (cwl, ) (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER
21

TEXT ORDER: A joint zoom hearing to discuss how to proceed on the 18 MOTION to Consolidate Cases is set for 8/21/2023 at 8:15 AM in ZOOM before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 8/18/2023. (furn: calendar, ag, lw, videoconference) (No pdf attached)(cwl, ) (Entered: 08/18/2023)

Aug. 18, 2023

Aug. 18, 2023

PACER

Order Setting Hearing on Motion

Aug. 18, 2023

Aug. 18, 2023

PACER
22

ORDER: it is ORDERED that: (1) The motion to consolidate (Doc. 18 ) in civil action no. 2:23cv450-MHT and the motion to consolidate (Doc. 23) in civil action no. 2:23cv451-MHT are granted. (2) Civil action no. 2:23cv450-MHT and civil action no. 2:23cv451-MHT are consolidated. (3) Civil action no. 2:23cv450-MHT is the lead case. (4) All future filings should be made in only civil action no. 2:23cv450-MHT, though the filings should still bear the double style as reflected in this order. (5) The clerk of the court is to refile Doc. 1, Doc. 17, and Doc. 21 from 2:23cv451-MHT on the docket in 2:23cv450-MHT, with new docket numbers in 2:23cv450-MHT. (6) Defendant is still allowed until August 28, 2023, to respond to the two complaints in these consolidated cases. (7) Civil action no. 2:23cv451-MHT is closed administratively. Signed by Honorable Judge Myron H. Thompson on 8/21/2023. (cwl, ) (Entered: 08/21/2023)

Aug. 21, 2023

Aug. 21, 2023

Clearinghouse
26

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 8/21/2023 re 18 MOTION to Consolidate Cases filed by Steve Marshall (PDF available for court use only). (Court Reporter Patricia G. Starkie, 334-322-8053, patricia_starkie@almd.uscourts.gov.) (ag, ) (Entered: 08/21/2023)

Aug. 21, 2023

Aug. 21, 2023

PACER
27

MOTION for Summary Judgment by Yellowhammer Fund. (Attachments: # 1 Affidavit of Jenice Fountain In Support of Plaintiffs Motion for Summary Judgment, # 2 Affidavit of Kari White In Support of Plaintiffs Motion for Summary Judgment, # 3 Affidavit of Kelsea McLain In Support of Plaintiffs Motion for Summary Judgment, # 4 Affidavit of Paige Suelzle In Support of Plaintiffs Motion for Summary Judgment)(Johnson, Jamila) (Entered: 08/28/2023)

1 Affidavit of Jenice Fountain In Support of Plaintiffs Motion for Summary Judgmen

View on PACER

2 Affidavit of Kari White In Support of Plaintiffs Motion for Summary Judgment

View on PACER

3 Affidavit of Kelsea McLain In Support of Plaintiffs Motion for Summary Judgment

View on PACER

4 Affidavit of Paige Suelzle In Support of Plaintiffs Motion for Summary Judgment

View on PACER

Aug. 28, 2023

Aug. 28, 2023

Clearinghouse
28

MOTION to Dismiss by Steve Marshall. (Seiss, Benjamin) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

Clearinghouse
29

TEXT ORDER: Setting a Zoom Hearing on the 27 MOTION for Summary Judgment and 28 MOTION to Dismiss for 9/5/2023 at 2:00 PM before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 8/29/2023. (furn: calendar, ag, lw, videoconference) (no pdf attached)(cwl, ) (Entered: 08/29/2023)

Aug. 29, 2023

Aug. 29, 2023

PACER

Order Setting Hearing on Motion

Aug. 29, 2023

Aug. 29, 2023

PACER
30

Joint NOTICE Regarding Briefing Schedule by Steve Marshall, Alabama Women's Center, Yashica Robinson, West Alabama Women's Center, Yellowhammer Fund. (Seiss, Benjamin) Modified on 9/1/2023 to add as also filed on behalf of the Plaintiffs (amf, ). (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

RECAP
31

Minute Entry for proceedings held via Zoom before Honorable Judge Myron H. Thompson: Status Conference re 27 MOTION for Summary Judgment and 28 MOTION to Dismiss held on 9/5/2023 (PDF available for court use only). (Court Reporter Patricia Starkie, 334-322-8053, Patricia_Starkie@almd.uscourts.gov.) (kr, ) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
32

ORDER: it is ORDERED that: (1) Defendant's motion to dismiss (Doc. 28 ) is set for oral argument on October 31, 2023, at 10:00 a.m. The courtroom deputy is to arrange for argument to be by Zoom. (2) Plaintiffs are to file responses by September 28, 2023. (3) Defendant may file a reply by October 12, 2023. (4) The court will address later the current and any future motions for summary judgment. Signed by Honorable Judge Myron H. Thompson on 9/6/2023. (furn: calendar, lw, ag) (cwl, ) (Entered: 09/06/2023)

Sept. 6, 2023

Sept. 6, 2023

RECAP
33

RESPONSE in Opposition re 28 MOTION to Dismiss filed by Yellowhammer Fund. (Johnson, Jamila) (Entered: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

RECAP
34

RESPONSE in Opposition re 28 MOTION to Dismiss filed by Alabama Women's Center, Yashica Robinson, West Alabama Women's Center. (Burrows, Meagan) (Entered: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

RECAP
35

NOTICE of Appearance by Charles Arthur McKay on behalf of Steve Marshall (McKay, Charles) (Entered: 10/11/2023)

Oct. 11, 2023

Oct. 11, 2023

RECAP
36

REPLY in Support of 28 MOTION to Dismiss filed by Steve Marshall. (Seiss, Benjamin) Modified on 10/13/2023 to clarify text (am, ). (Entered: 10/12/2023)

Oct. 12, 2023

Oct. 12, 2023

RECAP
37

ORDER: It is ORDERED that the oral argument currently set for 10/31/2023, is cancelled; An order will be entered later setting a new date and time for the oral argument. Signed by Honorable Judge Myron H. Thompson on 10/19/2023. (Furnished: Calendar, AG, LW; Terminates Motion Hearing-10/31/23)(am, ) (Entered: 10/19/2023)

Oct. 19, 2023

Oct. 19, 2023

RECAP
38

NOTICE re: an oral inquiry as to when oral argument will be reset, as further set out. Signed by Honorable Judge Myron H. Thompson on 10/31/2023. (am, ) (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

RECAP
39

NOTICE by United States of America CONCERNING POTENTIAL PARTICIPATION (Deffebach, Anna) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

RECAP

Add and Terminate Attorneys

Nov. 3, 2023

Nov. 3, 2023

PACER

***Pursuant to the 39 Notice - Attorney Lisa Newman,Alexander N. Ely for United States of America added. (NO PDF attached to this entry) (am, )

Nov. 3, 2023

Nov. 3, 2023

PACER
40

Statement of the United States in Support of Plaintiffs' Right to Travel Claim filed by United States of America. (Ely, Alexander) Modified on 11/13/2023 to clarify text (am, ). (Entered: 11/09/2023)

Nov. 9, 2023

Nov. 9, 2023

Clearinghouse
41

MOTION for Leave to Appear as co-counsel (NOTICE of Appearance) by Yellowhammer Fund. (Attachments: # 1 Text of Proposed Order NOA Proposed Order) (Mccrary, Latasha) Modified on 1/31/2024 to clarify text (AM). (Entered: 01/31/2024)

1 Text of Proposed Order NOA Proposed Order

View on RECAP

Jan. 31, 2024

Jan. 31, 2024

RECAP

Order on Motion for Leave to Appear

Jan. 31, 2024

Jan. 31, 2024

PACER

Notice of Appearance

Jan. 31, 2024

Jan. 31, 2024

PACER

NOTICE of Appearance by Latasha Lanette Mccrary on behalf of Yellowhammer Fund (no pdf attached - see doc 41 for pdf) (CWL)

Jan. 31, 2024

Jan. 31, 2024

PACER
42

TEXT ORDER denying 41 Motion for Leave to Appear as co-counsel as unnecessary. Counsel's notice of appearance is sufficient. Signed by Honorable Judge Myron H. Thompson on 1/31/2024. (no pdf attached) (CWL) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

PACER
43

MOTION to Withdraw as Attorney Ms. Ashley N. Light by Yellowhammer Fund. (Light, Ashley) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

RECAP

Add and Terminate Attorneys

Feb. 6, 2024

Feb. 6, 2024

PACER

Order on Motion to Withdraw as Attorney

Feb. 6, 2024

Feb. 6, 2024

PACER
44

TEXT ORDER granting 43 Motion for Ashley N. Light to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 2/6/2024. (no PDF attached to this entry) (BES) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

PACER

***PURSUANT TO THE 44 TEXT ORDER - Attorney Ashley Nicole Light terminated. (no PDF attached to this entry) (BES)

Feb. 6, 2024

Feb. 6, 2024

PACER
45

Motion for Admission Pro Hac Vice for Juanluis Rodriguez (Filing fee $75 receipt number AALMDC-3581963.) by Yellowhammer Fund. (Attachments: # 1 Exhibit A- Certificate of Good Standing) (Mccrary, Latasha) Modified on 2/9/2024 to add attorney's nmae (AM). (Entered: 02/08/2024)

1 Exhibit A- Certificate of Good Standing

View on RECAP

Feb. 8, 2024

Feb. 8, 2024

RECAP

Add and Terminate Attorneys

Feb. 8, 2024

Feb. 8, 2024

PACER

***Pursuant to the 45 Motion - Attorney Juanluis Rodriguez for Yellowhammer Fund added. (NO PDF attached to this entry) (AM)

Feb. 8, 2024

Feb. 8, 2024

PACER
46

TEXT ORDER: GRANTING the 45 Motion for Admission Pro Hac Vice for Juanluis Rodriguez. Signed by Honorable Judge Myron H. Thompson on 2/9/2024. (NO PDF attached to this entry) (AM) (Entered: 02/09/2024)

Feb. 9, 2024

Feb. 9, 2024

PACER

Add and Terminate Attorneys

Feb. 9, 2024

Feb. 9, 2024

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 9, 2024

Feb. 9, 2024

PACER
47

NOTICE of Supplemental Authority in Support of Opposition to 28 Motion to Dismiss, by Alabama Women's Center, Yashica Robinson, West Alabama Women's Center (Attachments: # 1 Exhibit A) (Burrows, Meagan) Modified on 5/6/2024 to to add linkage & clarify text (AM). (Entered: 05/06/2024)

1 Exhibit A

View on RECAP

May 6, 2024

May 6, 2024

RECAP
48

OPINION AND ORDER: it is ORDERED as follows: (1) The defendant's 28 motion to dismiss is granted as to the overbreadth claim and fair-notice due process claim, which are dismissed. (2) The defendant's motion to dismiss is denied as to the following claims: the right-to-travel claim, the freedom-of-speech claim (including the argument that facilitating abortions constitutes expressive conduct), the freedom-of-association claim, and the extraterritoriality claim. Signed by Honorable Judge Myron H. Thompson on 5/6/2024. (BES) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

Clearinghouse
49

ORDER: it is ORDERED as follows: A status conference is set for 5/15/2024, at 8:30 a.m., to discuss the next steps in the case. The courtroom deputy shall arrange for the status conference to be by Zoom. Three business days before the status conference, the parties are to file proposals on how to proceed in this case. The court understands that a motion for summary judgment (Doc. 27 ) is still pending. Signed by Honorable Judge Myron H. Thompson on 5/7/2024. (HRR) (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

RECAP
50

Motion for Jessica Quinter to Appear Pro Hac Vice ( Filing fee $ 100 receipt number AALMDC-3636550.) by Alabama Women's Center, Yashica Robinson, West Alabama Women's Center. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order) (Mollman, Alison) Modified on 5/8/2024 to add attorneys name(HRR). (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 8, 2024

May 8, 2024

PACER

Add and Terminate Attorneys

May 8, 2024

May 8, 2024

PACER

***Pursuant to the 50 Motion - Attorney Jessica Quinter for Alabama Women's Center,Jessica Quinter for Yashica Robinson,Jessica Quinter for West Alabama Women's Center added. (NO PDF attached) (AM)

May 8, 2024

May 8, 2024

PACER
51

TEXT ORDER: GRANTING the 50 Motion for Jessica Quinter to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 5/8/2024. (NO PDF attached) (AM) (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

PACER
52

Joint Proposal for Proceeding with Case Pursuant to 49 Order and Proposed Briefing Schedule by Alabama Women's Center, Yashica Robinson, West Alabama Women's Center, Yellowhammer Fund, & Steve Marshall. (Burrows, Meagan) Modified on 5/10/2024 to add joint filer & clarify text (AM). (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

RECAP
53

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Status Conference held on 5/15/2024 (PDF available for court use only). (Court Reporter Katie Silas, 334-315-0363, katie_silas@almd.uscourts.gov.) (MLF) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

PACER

Set/Reset Deadlines

May 15, 2024

May 15, 2024

PACER
54

ORDER: it is ORDERED that plaintiff Yellowhammer Fund's motion for summary judgment (Doc. 27 ) is denied without prejudice, and said plaintiff shall file another motion for summary judgment in accordance with the scheduling order entered today. Signed by Honorable Judge Myron H. Thompson on 5/15/2024. (HRR) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

Clearinghouse
55

SCHEDULING ORDER: is ORDERED as follows: (1) The deadline for the defendant to file an answer or answers to the plaintiffs' complaints is May 20, 2024. (2) The deadline for all parties to file motion for summary judgment is June 17, 2024. (3) The deadline for the parties to file oppositions to the motions for summary judgment is July 15, 2024. (4) The deadline for the parties to file replies in support of their motions for summary judgment is July 22, 2024. Signed by Honorable Judge Myron H. Thompson on 5/15/2024. (HRR) Modified on 5/16/2024 to reflect correct title (AM). (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

RECAP

Pursuant to the 55 Scheduling Order Set Deadlines: Answers due 5/20/2024; Motions for Summary Judgment due by 6/17/2024. (NO PDF attached) (AM)

May 15, 2024

May 15, 2024

PACER

Set/Reset Deadlines

May 16, 2024

May 16, 2024

PACER
56

ANSWER to 1 Complaint, by Steve Marshall. (Seiss, Benjamin) (Entered: 05/20/2024)

May 20, 2024

May 20, 2024

RECAP

Add and Terminate Attorneys

May 20, 2024

May 20, 2024

PACER
57

ANSWER to 23 Complaint,,,, by Steve Marshall. (Seiss, Benjamin) (Entered: 05/20/2024)

May 20, 2024

May 20, 2024

RECAP
58

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference - ZOOM (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 5/15/2024, before Judge Myron H. Thompson. Court Reporter/Transcriber Katie Silas, Telephone number (334) 315-0363. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 6/10/2024. Redacted Transcript Deadline set for 6/20/2024. Release of Transcript Restriction set for 8/19/2024. (BES) (Entered: 05/21/2024)

May 20, 2024

May 20, 2024

PACER

***Pursuant to the 57 Answer - Attorney Brenton Merrill Smith for Steve Marshall added. (NO PDF attached) (AM)

May 20, 2024

May 20, 2024

PACER

Add and Terminate Attorneys

May 21, 2024

May 21, 2024

PACER
59

MOTION to Amend/Correct Caption by Alabama Women's Center, Yashica Robinson. (Mollman, Alison) (Entered: 06/12/2024)

June 12, 2024

June 12, 2024

RECAP
60

MOTION for Summary Judgment by Alabama Women's Center, Yashica Robinson, West Alabama Women's Center. (Attachments: # 1 Brief In Support of Motion for Summary Judgment, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order) (Mollman, Alison) (Entered: 06/17/2024)

1 Brief In Support of Motion for Summary Judgment

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Text of Proposed Order

View on PACER

June 17, 2024

June 17, 2024

RECAP
61

MOTION for Summary Judgment by Yellowhammer Fund. (Attachments: # 1 Affidavit of Jenice Fountain In Support of Motion for Summary Judgment, # 2 Affidavit of Kelsea McLain In Support of Motion for Summary Judgment, # 3 Affidavit of Paige Suelzle In Support of Motion for Summary Judgment, # 4 Affidavit of Kari White In Support of Motion for Summary Judgment) (Johnson, Jamila) (Entered: 06/17/2024)

1 Affidavit of Jenice Fountain In Support of Motion for Summary Judgment

View on RECAP

2 Affidavit of Kelsea McLain In Support of Motion for Summary Judgment

View on RECAP

3 Affidavit of Paige Suelzle In Support of Motion for Summary Judgment

View on RECAP

4 Affidavit of Kari White In Support of Motion for Summary Judgment

View on RECAP

June 17, 2024

June 17, 2024

Clearinghouse
62

MOTION for Summary Judgment by Steve Marshall. (Seiss, Benjamin) (Entered: 06/17/2024)

June 17, 2024

June 17, 2024

Clearinghouse
63

ORDER: granting 59 MOTION to Amend/Correct Caption. Signed by Honorable Judge Myron H. Thompson on 6/24/2024. (LAB) Modified text on 6/24/2024 (LAB). (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

RECAP
64

NOTICE of Appearance by Dylan L. Mauldin on behalf of Steve Marshall (Mauldin, Dylan) (Entered: 07/11/2024)

July 11, 2024

July 11, 2024

PACER
65

RESPONSE in Opposition re 62 MOTION for Summary Judgment filed by Yellowhammer Fund. (Rodriguez, Juanluis) (Entered: 07/15/2024)

July 15, 2024

July 15, 2024

RECAP
66

RESPONSE to Motion re 60 MOTION for Summary Judgment, 61 MOTION for Summary Judgment filed by Steve Marshall. (Seiss, Benjamin) (Entered: 07/15/2024)

July 15, 2024

July 15, 2024

RECAP
67

Brief in Opposition re 62 MOTION for Summary Judgment filed by Alabama Center for Reproductive lternatives, LLC,, Yashica Robinson, West Alabama Women's Center. (Burrows, Meagan) Modified text on 7/16/2024 (LAB). (Entered: 07/15/2024)

July 15, 2024

July 15, 2024

RECAP
68

RESPONSE in Support re 62 MOTION for Summary Judgment filed by Steve Marshall. (Seiss, Benjamin) (Entered: 07/22/2024)

July 22, 2024

July 22, 2024

RECAP
69

REPLY to Response to Motion re 61 MOTION for Summary Judgment filed by Yellowhammer Fund. (Johnson, Jamila) (Entered: 07/22/2024)

July 22, 2024

July 22, 2024

RECAP
70

REPLY in Support re 60 MOTION for Summary Judgment filed by Alabama Center for Reproductive lternatives, LLC,, Yashica Robinson, West Alabama Women's Center. (Burrows, Meagan) Modified text on 7/23/2024 (LAB). (Entered: 07/22/2024)

July 22, 2024

July 22, 2024

RECAP
71

NOTICE by United States of America of Potential Participation (Ely, Alexander) (Entered: 08/05/2024)

Aug. 5, 2024

Aug. 5, 2024

RECAP
72

BRIEF/MEMORANDUM in Support Supplemental Statement of Interest filed by United States of America. (Ely, Alexander) (Entered: 08/19/2024)

Aug. 19, 2024

Aug. 19, 2024

RECAP
73

MOTION to Withdraw as Attorney Jessica Quinter by Alabama Center for Reproductive lternatives, LLC,, Yashica Robinson, West Alabama Women's Center. (Quinter, Jessica) (Entered: 08/26/2024)

Aug. 26, 2024

Aug. 26, 2024

RECAP

Order on Motion to Withdraw as Attorney

Aug. 26, 2024

Aug. 26, 2024

PACER
74

TEXT ORDER: granting 73 Motion to Withdraw as Attorney. Attorney Jessica Quinter terminated. Entered by Honorable Judge Myron H. Thompson on 8/26/2024. (LAB) (Entered: 08/26/2024)

Aug. 26, 2024

Aug. 26, 2024

PACER

Case Details