A Louisiana judge on Monday temporarily blocked three state “trigger” laws, designed to take effect as soon as the Supreme Court overturned Roe v. Wade to ban nearly all abortions in the state.
The state has passed three trigger laws since 2006 that would ban abortion in all cases aside from when the mother faces death or serious injury.
After the Court overturned Roe on Friday, returning the question of abortion to the states, abortionists challenged the laws, calling them “constitutionally vague” because they do not have a specific start date.
The Center for Reproductive Rights filed the suit on behalf of Hope Medical Group for Women and other abortionists.
“In a stunning state of affairs, the day [the Supreme Court’s abortion ruling] was issued, state and local officials issued conflicting statements about whether and which trigger laws were actually in effect and thus what conduct — if any — was prohibited,” the plaintiffs argue. “Due process requires more.”
The abortionists argue the state’s restrictions would violate providers’ due process rights and “lack constitutionally required safeguards to prevent arbitrary enforcement.”
Orleans Parish Civil District Court Judge Robin Giarrusso scheduled a hearing for July 8, at which point the court will decide whether to continue the stay. Until the hearing, abortion remains legal in the state.
Louisiana Right to Life’s executive director Benjamin Clapper said in a statement he believes the state’s law will be affirmed.
“While these matters are still developing, Louisiana law is clear that babies will be protected from abortion when Roe v. Wade is overturned,” Clapper said in a statement. “We are confident that our courts, whether at the district, appellate, or state Supreme Court level, will affirm our laws in time.”
“It is telling that the Shreveport abortion business filed a lawsuit in Orleans Parish, looking for a district judge who would side with abortion.,” he added. “We are thankful our Attorney General Jeff Landry will vigorously defend our pro-life laws. We look forward to these frivolous lawsuits being dismissed, and Louisiana will continue to work together to protect babies and support moms.”