Judge Napolitano: Alabama's restrictive abortion law will go to Supreme Court

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Judge Napolitano on Trump impeachment push, Alabama abortion law

Legal experts testify about the president's executive privilege and the Alabama abortion law fight could make its way to the Supreme Court. Fox News senior judicial analyst Judge Andrew Napolitano has reaction and analysis.

Fox News senior judicial analyst Judge Andrew Napolitano referred to Alabama's recent ruling on abortion as "the most extreme pro-life legislation in the country," and argued that it was written with the intention of going to the Supreme Court.

During a Thursday morning appearance on "Fox & Friends," Napolitano weighed in on the Alabama Human Life Protection Act, which outlaws abortion at all stages and does not allow an exception for instances of pregnancy by rape or incest.

The only exception made is in the case that giving birth will threaten the life of the mother.

The bill was seen as a direct challenge to the landmark decision of Roe v. Wade, which federally protects a woman's right to choose whether or not to give birth.

Legal analysts believe that the fight over Alabama's recent ruling will ascend to the Supreme Court, where Roe v. Wade could be overturned.

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"It's written for that purpose," Napolitano said. "There is a view that there is a pro-life majority in the Supreme Court and obviously a pro-life president. And if there is any time to dismantle Roe ... the time is now," he continued.

Should Roe v. Wade be overturned, some states would be left without protection for abortion rights and each state would have to decide the abortion issue for themselves. However, most believe that the Supreme Court will not reverse Roe v. Wade, as it protects a woman's constitutional "right to privacy."

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Historically, even pro-life Supreme Court judges have erred on the side of caution in regard to abortion laws, according to Napolitano.

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"Even Justice Scalia, who believed abortion was murder, felt that the proper constitutional position was to leave it up to the states, because the constitution is silent on it," he said.