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Alabama Can’t Prosecute Those Who Help With Out-of-State Abortions, Judge Rules
Alabama cannot prosecute doctors and reproductive health organizations for helping patients travel out of the state to obtain abortions, a federal judge ruled on Monday.
Alabama has one of the strictest abortion bans in the country, and in 2022 its attorney general, Steve Marshall, a Republican, raised the possibility of charging doctors with criminal conspiracy for recommending abortion care out of state.
Multiple clinics and doctors challenged Mr. Marshall’s comments in court, accusing him of threatening their First Amendment rights, as well as the constitutional right to travel. The Justice Department under the Biden administration had also weighed in with support for the clinics, arguing that “threatened criminal prosecutions violate a bedrock principle of American constitutional law.”
On Monday, the judge, Myron H. Thompson of the Middle District of Alabama, in Montgomery, ruled that Mr. Marshall would be violating both the First Amendment and the right to travel if he sought prosecution.
“It is one thing for Alabama to outlaw by statute what happens in its own backyard,” Judge Thompson, who was named to the court by President Jimmy Carter, wrote in his 131-page opinion.
“It is another thing,” he added, “for the state to enforce its values and laws, as chosen by the attorney general, outside its boundaries by punishing its citizens and others who help individuals travel to another state to engage in conduct that is lawful there but the attorney general finds to be contrary to Alabama’s values and laws.”
Judge Thompson described a hypothetical scenario in which a bachelor party from Alabama could be prosecuted for casino-style gambling in Las Vegas, which is illegal in Alabama.
“As the adage goes, be careful what you pray for,” he wrote.
Travel to other states to obtain an abortion, or abortion pills, has significantly increased since the Supreme Court overturned Roe v. Wade. More than 171,000 patients traveled for an abortion in 2023, compared with 73,100 in 2019, according to the research organization Guttmacher Institute.
Mr. Marshall repeatedly defended his position in court, arguing that he retained the ability to prosecute a conspiracy that took place in Alabama and that the legality of abortion laws in other states did not matter. (He does not appear to have charged anyone in such a case.)
“The right to travel, to the extent that it is even implicated, does not grant plaintiffs the right to carry out a criminal conspiracy simply because they propose to do so by purchasing bus passes or driving cars,” Mr. Marshall wrote in one filing.
Republican-led states, like Alabama, generally have the most restrictive abortion laws in the country. Some of those states are now taking legal steps to stop out-of-state efforts to help residents obtain abortions.
Louisiana, which passed a law last year designating abortion pills as dangerous controlled substances, has charged both a Louisiana mother and a New York doctor with violating the state’s abortion ban. (New York has declined to extradite the doctor.)
And this month, a New York county clerk blocked Texas from filing legal action against the same doctor. New York has an abortion shield law that prevents penalties against abortion providers who use telemedicine to send medications to other states.
The Alabama ruling could be appealed, as the judicial system continues to grapple with the fallout from Roe. In June, the Supreme Court temporarily allowed for emergency abortions in Idaho, though it did not weigh in directly on the state’s abortion ban.
Alabama, where voters approved a constitutional amendment in 2018 aimed at protecting the rights of unborn children, has been at the center of the debate over reproductive medicine and abortion access. It has one of the strictest abortion bans in the nation, with an exception only if the life of a pregnant woman is at risk. It also allows for doctors to be charged with felonies that carry sentences of up to 99 years in prison.
And its anti-abortion amendment was at the heart of a State Supreme Court decision last year that found that embryos could be considered children, a decision that briefly paralyzed fertility treatments in the state and thrust the issue of in vitro fertilization into the national spotlight.
The clinics that first challenged Mr. Marshall’s comments, in 2023, included the Yellowhammer Fund, an organization founded in Tuscaloosa that helps fund and support abortion access in the Deep South, and the West Alabama Women’s Center in Tuscaloosa, now known as WAWC Healthcare. The plaintiffs also included Dr. Yashica Robinson, an obstetrician-gynecologist in Huntsville.
In court filings, they said they either had stopped operating an abortion fund or had begun declining to answer questions about how patients could seek care out of state. Collectively, the plaintiffs still receive several calls a week asking for help; the court ruling on Monday put the figure at as many as 95 a week.
“Every day was agonizing,” said Kelsea McLain, the health care access director for the Yellowhammer Fund. The ruling, she said, brought “just an overwhelming sense of relief.”
“We are free to do exactly what we feel called to do, in ways that we are experts in,” she added. “People won’t be alone.”
Mr. Marshall’s office did not immediately respond to a request for comment.
Notably, in a 2022 opinion concurring with the decision to overturn Roe, Justice Brett Kavanaugh wrote that he did not believe a state could constitutionally bar a resident from traveling for an abortion. Judge Thompson noted this in his ruling on Monday.
Abbie VanSickle contributed reporting.
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Video: How Stephen Miller Is Adjusting Trump’s Immigration Agenda
By Zolan Kanno-Youngs, Gilad Thaler, Jon Miller, Nikolay Nikolov, June Kim, Paul Abowd and Pierre Kattar
April 14, 2026
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Man accused in Molotov cocktail attack of OpenAI CEO’s home charged with attempted murder
Matt Cobo, F.B.I. San Francisco Acting Special Agent in Charge ( right) speaks next to San Francisco Police Chief Derrick Lew (second from right) and San Francisco District Attorney Brooke Jenkins (third from right) during a news conference Monday, April 13, 2026, in San Francisco.
Jeff Chiu/AP
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Jeff Chiu/AP
SAN FRANCISCO — The man accused of throwing a Molotov cocktail at OpenAI CEO Sam Altman’s home had written about AI’s purported risk to humanity and traveled from Texas to San Francisco intending to kill Altman, authorities said Monday.
Authorities allege 20-year-old Daniel Moreno-Gama threw the incendiary device about 4 a.m. Friday, setting an exterior gate at Altman’s home alight before fleeing on foot, police said. Less than an hour later, Moreno-Gama allegedly went to OpenAI’s headquarters about 3 miles (4.83 kilometers) away and threatened to burn down the building.
Moreno-Gama is opposed to artificial intelligence, writing about AI’s purported risk to humanity and “our impending extinction,” according to a federal criminal complaint.

“This was not spontaneous. This was planned, targeted and extremely serious,” said FBI San Francisco Acting Special Agent in Charge Matt Cobo during a press conference.
No one was injured at Altman’s home or the company offices, authorities said.
Moreno-Gama faces state and federal charges
Moreno-Gama faces charges including two counts of attempted murder and attempted arson in California state court, San Francisco District Attorney Brooke Jenkins. He tried to kill both Altman and a security guard at Altman’s residence, she alleged. He is set to appear in court Tuesday, and online state court records do not yet show if he has an attorney.
Jenkins said the state charges carry penalties ranging from 19 years to life in prison.
On Monday morning, FBI agents went to Moreno-Gama’s home in Spring, Texas, a suburb of Houston, where they spent several hours before leaving. He has been charged by federal prosecutors with possession of an unregistered firearm and damage and destruction of property by means of explosives. Those charges carry respective penalties of up to 10 years and 20 years in prison.
The federal court documents do not list an attorney for Moreno-Gama, and he has not yet had his first appearance in federal court.
Authorities allege Moreno-Gama traveled from his home in Texas to San Francisco and visited Altman’s home early Friday morning.
Authorities say Moreno-Gama was opposed to artificial intelligence
When Moreno-Gama was arrested Friday, officials found a document on him in which he “identified views opposed to Artificial Intelligence (AI) and the executives of various AI companies,” court documents say. The document discussed AI’s purported risk to humanity and “our impending extinction,” according to the criminal complaint.
Surveillance video images included in the criminal complaint show a person dressed in a dark hoodie and pants that the FBI alleges is Moreno-Gama approaching the driveway of Altman’s home. In various images, the person can be seen tossing the Molotov cocktail, which landed at the top of a metal gate and started a small fire.
Surveillance video images from outside OpenAI’s headquarters allegedly show Moreno-Gama grabbing a chair and using it to hit a set of glass doors. Authorities said Moreno-Gama was approached by the building’s security personnel, who told investigators he “stated in sum and substance” that he came to the headquarters “to burn it down and kill anyone inside,” according to the complaint.
San Francisco police arrested Moreno-Gama and recovered “incendiary devices, a jug of kerosene, a blue lighter, and a document.” Moreno-Gama was being held Monday in the San Francisco County Jail on the state charges, and was expected to appear in court on Tuesday.
U.S. Attorney Craig Missakian said authorities “will treat this as an act of domestic terrorism, and together with our partners, prosecute him to the fullest extent of the law.”
Authorities say Moreno-Gama’s anti-AI document contained threats against Altman
The document in which Moreno-Gama discussed his opposition to AI also made threats against Altman, officials said.
“Also if I am going to advocate for others to kill and commit crimes, then I must lead by example and show that I am fully sincere in my message,” Moreno-Gama is alleged by authorities to have written in the document.
Advocacy groups that have issued grave warnings about AI’s risks to society condemned the violence.
Anthony Aguirre, president and CEO of the Future of Life Institute, said in a written statement Friday that “violence and intimidation of any kind have no place in the conversation about the future of AI.”

Another group, PauseAI, said in a statement that the suspect had no role in the group but joined its forum on the social media platform Discord about two years ago and posted about 34 messages there, none containing explicit calls to violence but one that was flagged as “ambiguous.”
Discord said Monday that it has banned Moreno-Gama for “off-platform behavior.”
Altman addressed the threats in a blog post
Hours after the attack on his house, Altman posted a photo of his husband and their toddler in a blog post addressing the threats against him.
“Normally we try to be pretty private, but in this case I am sharing a photo in the hopes that it might dissuade the next person from throwing a Molotov cocktail at our house, no matter what they think about me,” Altman wrote.
He added that “fear and anxiety about AI is justified” but it was important to “de-escalate the rhetoric and tactics and try to have fewer explosions in fewer homes, figuratively and literally.”
Altman has become a preeminent voice in Silicon Valley on the promise and potential dangers of artificial intelligence. The attack comes days after The New Yorker published an in-depth investigation that touched on concerns some people have about him and the company.
Debate about the impact of AI is growing
The attack came at a time of growing debate about the societal effects of AI assistants like OpenAI’s ChatGPT that millions of people are turning to for information, advice, writing help and to do work on their behalf.
An annual report published Monday by Stanford University called the AI index found that most people believe AI’s benefits outweigh its drawbacks, “but nervousness is growing and trust in institutions to manage the technology remains uneven.”
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DOJ fires at least 4 prosecutors involved in FACE Act cases during Biden administration
The Justice Department has fired at least four prosecutors who were involved in prosecutions under the FACE Act during the Biden administration, a government official familiar with the firings told CBS News.
Among those fired Monday is Sanjay Patel, a longtime federal prosecutor in the Civil Rights Division’s criminal section who was placed on administrative leave last month, sources told CBS News at the time. The terminations occurred at about the same time a report on the FACE Act and the Biden Justice Department was being finalized.
Congress passed the FACE Act in 1994 to address rising concerns about threats and intimidation that women were facing at reproductive health clinics. Nonviolent and first-time offenses of the law are misdemeanors, while repeat offenses or violations that result in bodily injury or death can be treated as felonies.
The FACE Act report is being drafted by the Justice Department’s “weaponization working group,” established in the first days of former Attorney General Pam Bondi’s tenure.
A Justice Department spokesperson said in a statement that the department “has terminated the employment of personnel responsible for weaponizing the FACE Act who still remained at the department.”
The Trump administration has repeatedly alleged without citing evidence that the Civil Rights Division under former Attorney General Merrick Garland used the Act to intentionally target conservative Christians who are morally opposed to abortion.
Although the Justice Department also pursued criminal charges against abortion rights activists who were accused of trying to scare volunteers and workers at a crisis pregnancy clinic that counseled on alternatives to abortion, excerpts of a draft the report reviewed by CBS News said the total number of such cases were minimal compared to those targeting conservative anti-abortion Christians.
Early in his second term, President Trump pardoned many of the FACE Act defendants convicted during the Biden administration. The Justice Department also dismissed several other FACE Act cases and ordered prosecutors to put the brakes on future FACE Act investigations.
At the same time, however, the current Justice Department has allowed the remaining FACE Act cases involving abortion rights activists to proceed without interference, with one Florida-based defendant receiving a 120-day prison term in March 2025.
Many of the other former federal prosecutors who handled FACE Act cases have since left the Justice Department.
MS NOW was first to report that Patel had been placed on administrative leave.
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