Thursday, March 28, 2024

Louisiana Supreme Court rejects request to enforce state’s abortion ban

by BIZ Magazine

By Victor Skinner | The Center Square contributor

The Louisiana Supreme Court rejected a request from Attorney General Jeff Landry to enforce the state’s abortion ban as a legal challenge moves forward in Orleans Parish Civil District Court.

Justices voted 4-2 to deny a request from Landry and Louisiana Department of Health Secretary Courtney Phillips to lift an order by Orleans Civil District Court Judge Robin Giarrusso issued last week that prevents the state from enforcing its ban on abortions.

The Shreveport abortion clinic Hope Medical Group for Women, physicians, Medical Students for Choice and others challenging the law allege it’s unclear both in terms of exceptions and when it takes effect, while Landry argues the plaintiffs are “willfully misreading clear terms in the law in an attempt to manufacture arguments that the statutes are unconstitutionally vague.”

A hearing in the case is scheduled for Friday morning. Louisiana is one of 13 states with “trigger laws” that automatically ban abortion in response to the U.S. Supreme Court overturning Roe v. Wade.

Justices Jefferson D. Hughes III, Piper D. Griffin, James T. Genovese, and Scott J. Crichton joined in the majority to deny Landry’s motion to reinstate Louisiana’s abortion ban “at this preliminary stage of proceedings, while Hughes argued that intervening now is “procedurally premature.”

Justices William J. Crain and Jay B. McCallum argued in dissent that the plaintiffs have failed to show irreparable injury from the law, while it’s obvious abortion is irreversible.

“I believe the circumstances of this case compel us to review the propriety of the temporary restraining order. The plaintiffs have asserted that they, as doctors, will suffer irreparable harm if the ‘triggering’ statutes that prohibit abortions go into effect,” Crain wrote. “The contrasting interest is that alleged life will be terminated if the prohibitory statutes do not go into effect.

“While whether these doctors will suffer irreparable harm by being prohibited from performing abortions is debatable, terminating alleged life during the period of the temporary restraining order is irreparable.”

McCallum wrote that “there has not been a showing that immediate irreparable injury would result before the opposition could be heard and, accordingly, the (temporary restraining order) was improvidently granted.”

Chief Justice John Weimer recused himself.

“We have fought for 50 years to overturn Roe – we will have the patience of Job, but make no mistake we will prevail!” he posted. “Louisiana Supreme Court is delaying the inevitable. Our Legislature fulfilled their constitutional duties, and now the Judiciary must. It is disappointing that time is not immediate.”

Louisiana Right to Life Executive Director Benjamin Clapper also weighed in with a prepared statement.

“The Louisiana Supreme Court let Louisiana citizens down by not decisively defending our laws from pro-abortion delay tactics,” he said. “Echoing Justice Crain’s compelling words, every day this temporary restraining order remains in place leads to more babies lost from abortion.”

Pro-choice advocates like state Rep. Royce Duplessis, D-New Orleans, championed the decision.

“I think it’s a massive win for the women of Louisiana,” Duplessis said, according to WDSU. “It’s a sign of justice and a beacon of hope for reproductive rights here in Louisiana.”

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