Judge to decide if lawsuit against Huntsville abortion clinic moves forward

Judge to decide whether or not a lawsuit against a Huntsville abortion clinic gets thrown out. (Source: WAFF)
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HUNTSVILLE, Ala. (WAFF) -- Wednesday morning, attorneys for Ryan Mager and the Alabama Women’s Center met for a motion hearing at the Madison County Courthouse.

Mager is suing the Huntsville abortion clinic two years after he says his ex-girlfriend got an abortion, even though he claims in the lawsuit that he begged her to keep the child.

The unborn child is referred to as “Baby Roe” in the lawsuit. It claims Mager’s ex-girlfriend found out she was pregnant in early 2017. The mother had the abortion at the Alabama Women’s Center on Feb. 10, 2017 according to the lawsuit. The lawsuit says the unborn child was 6 weeks old.

The lawsuit claims the abortion clinic gave the mother a pill that “induced the death of Baby Roe.”

Defense attorneys for the Alabama Women’s Center filed a motion asking the judge to dismiss the lawsuit. “They have sued for the wrongful death of an embryo. At the time that happened, abortion was legal in Alabama and still is. Therefore, there’s no wrongful act,” said Sara Tucker, attorney for the abortion clinic.

In February, a judge granted personhood to the unborn child. Leading Mager’s attorney’s to file a wrongful death lawsuit.

“Our contention is that, that unborn child possessed a constitutional right to life to due process and to equal protection under the laws and this is what is happening in the state of Alabama right now," said Brent Helms, Mager’s attorney.

Helms is hoping this case can work its way through the legal system and eventually lead to Roe V. Wade being overturned. “If this thing goes to the United States supreme court, the issue of personhood may inevitably be decided. Constitutional rights granted to the unborn and then, Roe V Wade collapses," said Helms.

A Madison County Judge gave both sides 14 days to submit a proposed order. A decision is expected to be made shortly after.

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