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Louisiana judge temporarily blocks ‘trigger’ abortion law  

The judge will hear arguments July 8 over conflicts between various Louisiana abortion laws. Until then, at least one provider will continue to offer the procedure.

(CN) — Louisiana’s three remaining abortion providers may continue to offer services and guidance at least until a court hearing at the end of next week, according to a temporary restraining order signed Monday morning by a state judge in New Orleans.

The state’s so-called “trigger law” banning abortion has been on the books since 2006 and was briefly effective after the U.S. Supreme Court issued its landmark decision in Dobbs vs. Jackson Women’s Health Organization last Friday ending the constitutional right to abortion, but the new order from Orleans Parish District Judge Robin Giarrusso enjoins Louisiana Attorney General Jeff Landry and the Louisiana Department of Health from enforcing it, for now. 

The motion for the TRO was filed on behalf of June Medical Services, which operates the Hope Medical Group for Women in Shreveport. It was joined by the clinic’s administrator and the international nonprofit organization Medical Students for Choice, which has a chapter at Tulane University.  

Aside from the clinic in Shreveport, the state has only two other abortion providers: Women’s Health Care Center in New Orleans and the Delta Clinic of Baton Rouge. 

In letters to all three clinics the same day the Supreme Court decision was released, the Louisiana Department of Health noted the state ban “is now in effect and enforceable” and the clinics were expected to “abide by the Louisiana laws on abortion.” 

“Louisiana’s trigger law banning abortion is now in effect," Landry tweeted about a half hour after Friday's ruling.

According to Monday’s complaint, the Republican attorney general has made conflicting statements both before and after the ruling regarding the state’s ability to immediately enforce the trigger law without a prior review.  

Accordingly, the plaintiffs’ petition does not seek a determination the state’s Human Life Protection Act is invalid or unenforceable, but rather that it conflicts with other anti-abortion bills passed by the Louisiana Legislature since 2006. 

Primarily, it takes aim at three separate trigger bans, which are allegedly “void for vagueness” because taken together, they "fail to provide constitutionally guaranteed notice of exactly what conduct is prohibited, if any, and when.” 

In a series of tweets Monday afternoon, Landry didn’t refer to the petition directly, but seemed to respond to Giarrusso’s order nonetheless.  

“It is unfortunate that there are those who continue to utilize confusion, misinformation, and deceit as scare tactics in the face of the recent SCOTUS Dobbs decision,” Landry wrote. “We would remind everyone that the laws that are now in place were enacted by the people through state constitutional amendments and the [Louisiana] Legislature, which the citizens elect representatives. We are fully prepared to defend these laws in our state courts, just as we have in our federal courts.”  

Late Monday, an attorney for Hope Medical Group for Women confirmed the clinic will resume abortion care under the terms of the restraining order. Similarly, a representative for the two other clinics said they are currently scheduling appointments and plan to resume providing procedures as soon as feasible in the coming days.

Giarrusso set a hearing for July 8 to consider arguments for and against a preliminary injunction against the trigger law.

Sarah Zagorski, spokesperson for Louisiana Right to Life, characterized the complaint as frivolous and said Monday afternoon she expects the state law to prevail.  

“We expect and trust that [Landry] will defend Louisiana’s law and we are hopeful for that," she said.

Zagorski said other anti-abortion bills passed by state lawmakers in recent years involve ultrasound requirements, women’s “right-to-know” provisions, waiting periods, admitting privileges and adoption services, among other things. But Louisiana Right to Life also opposes any concessions for rape or incest in the state’s abortion legislation.  

“Women who go through the horrific crime of rape or incest, that trauma would only be furthered by the ending of life of their unborn child,” Zagorski said. “Abortion is not the solution. We believe that regardless of how a child is conceived, that child has intrinsic value.”  

The petition was filed by Ellie Schilling of Schonekas, Evans, McGoey & McEachin LLC in New Orleans. The plaintiffs are also represented by attorneys from Boies Schiller Flexner LLP and the Center for Reproductive Rights in New York.  

Follow @gabetynes
Categories / Civil Rights, Government, Health, Law, Regional

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