thus far, alabama’s restrictions are constitutional. also, in casey, which is the latest word on the subject, scotus upheld a “health exception” that was pretty similar to alabama’s.

in short, alabama’s laws are currently valid laws. the problem is that they are not being enforced. would they stand if they were enforced? given the makeup of the federal judiciary today – from the districts through scotus – i think they definitely would.

imho, the reason for non-enforcement is that those responsible don’t really want to get involved. it sounds good to trumpet restrictions, but no-one really wants to start arresting doctors.

The health exception required by the Supreme Court is much broader than you admit. According to the Court in Doe v. Bolton, “the medical judgment may be exercised in the light of all factors –physical, emotional, psychological, familial, and the woman’s age — relevant to the wellbeing of the patient.”

I discussed this in more detail over on my blog, in response to your comment there. I also plan to make a post on it later this week. Briefly, though, my point is that the health exception demanded by the Court is so broad that for all practical purposes, the states must condone abortion on demand throughout all nine months of pregnancy.

As a reference, you might consult Chapter One Ramesh Ponnuru’s new book, Party of Death. Don’t let the title (or the fact that Ponnuru is a conservative) throw you off. In the first chapter, Ponnuru examines what the Court said in Roe v. Wade, Doe v. Bolton, Planned Parenthood v. Casey, etc. – and how those cases have been applied in the years since they were issued. I think you’ll find that I’m not alone in pointing out just how radical those decisions are – both as written and as executed. There are plenty of legal experts who support Mr. Ponnuru’s conclusion – and not all of them are conservatives.

scotus no longer uses the trimester framework, but the idea is the same. the woman’s right to an abortion diminishes as the pregnancy progresses.

at no point can the state absolutley bad abortions, because there has to be a health exception. but the health exception can be defined pretty narrowly. e.g. it only applies when the mother would die or suffer a permanent injury to a major bodily function unless she had the abortion.

the net result is that states can severely restrict the right to so called late term abortions.