LOUISIANA (Washington Insider Magazine) – The state-wide abortion ban in Louisiana is still being challenged in court.
Until Tuesday, when a state court will hear more arguments from the state, an abortion clinic, and others who are contesting the state ban, a temporary injunction preventing implementation of the trigger legislation on an abortion ban will be maintained in place.
The Associated Press reported that Louisiana District Judge Donald Johnson ordered both sides to file their respective findings of fact and conclusions of legislation but did not specify when a decision would be made.
Louisiana’s abortion “trigger laws” allegedly went into immediate effect when the United States Supreme Court reversed Roe v. Wade on June 24, ruling that there is no federal constitutional right to stop a pregnancy. As a result, the practice became unlawful in the state straight away. The 3 abortion trigger laws in Louisiana have been contested in a lawsuit brought by the Center for Reproductive Rights and the Boies Schiller law firm on behalf of Hope Medical Group for Women, a Louisiana abortion facility.
On June 27, a judge in New Orleans granted an interim order preventing the state’s prohibition from going into effect. Less than 2 weeks later, on July 8, a different judge in New Orleans made the decision not to extend the temporary order permitting abortions and transferred the case to Baton Rouge, claiming that it had been filed in the incorrect jurisdiction and that state law mandates it to be heard in the capital.
But 3 days later, Judge Donald Johnson of the 19th Judicial District Court in East Baton Rouge Parish, Louisiana, granted a temporary order suspending the trigger legislation until the preliminary injunction hearing, which was set to start on Monday morning. Up until the court determines whether to grant a preliminary injunction, Louisiana’s 3 abortion clinics—located in New Orleans, Baton Rouge, and Shreveport—were permitted to resume operations.
Only three states, including Louisiana, have immediate trigger legislation restricting abortions after the landmark U.S. Supreme Court decision, along with a prohibition on abortion after 6 weeks. These laws contain “trigger language” that will take effect if the federal government reverses its position on abortion rights.
The first of Louisiana’s trigger laws, implemented in 2006, made abortion illegal in all situations excluding those resulting from certain medical conditions. However, there were no specific instructions on how the prohibition would be applied or when it would go into effect.
A second trigger law with a clause specifically referring to the reversal of Roe v. Wade was enacted in June in preparation of the U.S. Supreme Court decision.
Just a few days later, a third trigger legislation was passed, prohibiting abortion after 15 weeks of pregnancy as opposed to the first and second laws’ blanket bans. The three restrictions also have different clauses regarding penalties. Victims of rape and incest are not exempt from this rule.
Although plaintiffs in the action do not contest Louisiana’s ability to ban abortion, they contend that the state’s ban is unconstitutionally ambiguous since it has several competing trigger mechanisms. Additionally, they claim that it is unclear from state legislation whether abortions are prohibited before a fertilised egg implants in the uterus. The plaintiffs’ attorneys want the judge to continue preventing enforcement while their case is in court.
The state prohibition will be upheld, according to the Louisiana Attorney General Jeff Landry’s office, on the grounds that it is lawful. Last month, Landry praised the U.S. Supreme Court for overturning Roe v. Wade and cautioned anyone who would oppose abortion restrictions in his state that they would be “in for a rough fight.”
