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Lawyer: Madison Co. abortion lawsuit could challenge Roe v. Wade

As Alabama fights off "ill-will" over the new abortion law, a North Alabama attorney is watching with vested interest.

Posted: May 17, 2019 5:32 PM
Updated: May 17, 2019 8:22 PM

As Alabama fights off "ill-will" over the new abortion law, a Marshall County attorney, Brent Helms, is watching with vested interest. He says the bill that bans nearly all abortions, will help him defend "Baby Roe."

Helms represents a young man who's suing Huntsville's abortion clinic, where his girlfriend had the procedure years ago. He hopes his case makes it to the Supreme Court. If it does, he says Alabama's new abortion law will help, but he's already scored a victory in Madison County.

"Something is going to come out of Alabama whether it's whether it is someone challenging the constitutionality of this law that was just passed or whether it is our case, but something is going to happen," said Helms.

Helms took aim at federal abortion protections long before lawmakers passed the highly controversial abortion ban.

"In the state of Alabama, people don't want abortion. They want to protect human life," said Helms. "I'm going to have this new law that's been passed, and I'm going to have the order from the judge in Madison County stating "Baby Roe" is a person."

That judge is Frank Barger, the new probate judge who ruled an aborted fetus was a person with rights. That allowed Helms to set up an estate for "Baby Roe." For now, Helms is waiting for the case to work its way through Madison County, while keeping his sights on the nation's highest court.

"It'll be on the shoulder of the Supreme Court as to which case they hear or whether they hear both cases," said Helms.

The next hearing for the "Baby Roe" case is set for July. It will determine whether or not the suit will move forward after the abortion clinic's legal team filed a motion to dismiss the case. WAAY 31 reached out to the legal team for a response, but we haven't received a comment yet.

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