Out-of-State Abortions After Dobbs: When the “Back to the States” Approach Runs Afoul of Federal Law

On April 1, 2025, reproductive rights activists scored a significant victory as the U.S. District Court for the Middle District of Alabama declared as unconstitutional the State Attorney General’s intent to use criminal conspiracy statutes to prosecute those who assist individuals in traveling out of the state to procure a legal abortion. Since the Supreme Court’s 2022 Dobbs ruling overturned Roe v. Wade, a slew of states have enacted statutes that permit criminal prosecution of physicians who assist individuals in traveling out of the state to procure a legal abortion or, like Alabama, have announced their intent to rely on existing criminal conspiracy laws to prosecute such actions. The April 1 ruling dealt these states’ efforts a blow, as it found that Alabama’s threatened enforcement violated the First Amendment right to travel.  The decision notably relies in part on Supreme Court Justice Brett Kavanaugh’s concurrence in Dobbs that the Constitution protects the right to travel.  It remains to be seen whether the Alabama Attorney General will appeal the decision.