Question
Alabama enacts a law related to abortion. Under the new Alabama law, any person except a state official may sue someone performing or abetting an
Alabama enacts a law related to abortion. Under the new Alabama law, any person except a state official may sue someone performing or abetting an abortion performed in Alabama after a fetal heartbeat is or could reasonably be detected by one skilled in the medical arts. Damages are $10,000 per defendant per abortion. Which of the following is accurate?
a)Alabama is attempting to regulate abortions prior to viability. As such plaintiffs will be able to sue the Alabama Attorney General in federal court to enjoin enforcement of the statute
b)Alabama is attempting to regulate abortions prior to viability. As such plaintiffs will be able to sue the a defendant class of Alabama judges in federal court to enjoin enforcement of the statute
c) A person sued in an Alabama court for violation of the statute may legitimately raise as a defense the fact that the Alabama law is contrary to Roe and Casey; the fact that they did not try to block the law in federal court will not be held against such a defendant
d) A plaintiff suing in an Alabama state court for violation of the new Alabama statute will be subject to the Lujan requirement of actual injury in fact, which has been incorporated against the states under 14th amendment due process
e) (a) and (b)
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