Louisiana Judge Blocks Implementation of Statewide Abortion Ban

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Published June 27, 2022

Louisiana Judge Blocks Implementation of Statewide Abortion Ban

Louisiana – A Louisiana judge blocked the implementation of a statewide abortion ban that was intended to take effect immediately following any decision by the United States Supreme Court that reversed, in whole or in part, Roe v. Wade. Abortion bans in other nearby states, including both Mississippi and Texas, have also been challenged.

The Center for Reproductive Rights announced on June 27, 2022, that in the aftermath of the United States Supreme Court’s decision to overturn Roe v. Wade, the Center for Reproductive Rights and Boies Schiller Flexner LLP, with local counsel Ellie Schilling, filed a petition and request for emergency relief from the state’s “trigger laws” on behalf of Hope Medical Group for Women (Hope), Hope’s Administrator Kathaleen Pittman, and Medical Students for Choice. The trigger laws intend to criminalize all abortion in the state immediately upon Roe’s reversal.

The emergency relief includes a request for a temporary restraining order preventing the laws from being enforced so that Plaintiffs can resume providing abortion care and Louisianians can access it. Plaintiffs argue that the trigger laws are unconstitutionally vague, making it impossible to determine: (1) whether any of the trigger laws are in effect; (2) if so, which one; and (3) what conduct would be prohibited, including what exceptions exist for doctors performing procedures to save a pregnant woman’s life.

According to the Center for Reproductive Rights, on the day Dobbs was issued, state and local officials issued contradictory statements about whether and which trigger laws were in effect, and thus what conduct, if any, was prohibited. They also stated that due process necessitates more.

Follow this link to view the judge’s ruling (PDF).