Louisiana judge temporarily blocks abortion ‘trigger law’

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A Louisiana judge on Monday temporarily blocked the state from enforcing its abortion ban, the result of a “trigger law” that banned the procedure as soon as the Supreme Court overturned Roe v. Wade.

The order follows a lawsuit filed by abortion providers alleging that the law, designed to take effect automatically if the Supreme Court overturns Roe, is “constitutionally vague.” A hearing is underway next week.

Thirteen states across the country had trigger laws in place when the court struck down roe deer Friday, ending the guarantee of the right to abortion in place for nearly 50 years. In several states, including Louisiana, these laws went into effect immediately, halting abortion care statewide.

Louisiana has passed several trigger laws since 2006.

On Monday, Judge Robin M. Giarrusso simply approved the request for an interim injunction and scheduled a hearing for July 8 in Orleans Parish Civil District Court. There was no immediate additional comment from Giarrusso.

In their lawsuit, the abortion providers argue that it is impossible to say what, if any, state trigger laws are in effect and exactly what conduct is prohibited.

“In a breathtaking state of affairs, the day [the Supreme Court’s abortion ruling] was released, state and local authorities issued conflicting statements on whether and which trigger laws were actually in effect and therefore what conduct – if any – was prohibited,” the vendors state. “Due process requires more.”

Abortion providers argue that in order to criminalize something, people need to know exactly what is being criminalized and when, said Mary Ziegler, a law professor who specializes in abortion.

“They say, ‘we have to know the rules of the game from the start,'” Ziegler said – and that the trigger law is too “ambiguous” to take effect.

Supreme Court ruling leaves states free to ban abortion

The lawsuit was filed on behalf of Hope Medical Group for Women, among others, with support from the Center for Reproductive Rights. The lawsuit names Louisiana Attorney General Jeff Landry and the health secretary.

Some leaders of anti-abortion groups had anticipated that the courts might block trigger laws.

Students for Life, a national anti-abortion organization, has encouraged anti-abortion states to pass more than one law banning abortion, so states can activate relief legislation if their first law is successfully challenged.

“The more you can pass and the more you can pass, the harder it will be for the abortion lobby to file a general complaint to stop it,” said Kristan Hawkins, president of Students for Life.

Many people criticized Oklahoma this year when Gov. Kevin Stitt (R) signed a series of abortion bans, Hawkins said, but it was a strategy to ensure abortion would remain illegal in the state. State.

Ultimately, the injunction on Louisiana’s trigger ban will almost certainly be lifted, Ziegler said. The case will soon be appealed to the 5th Circuit Court of Appeals, one of the nation’s most conservative courts, known for upholding Texas’ restrictive abortion law enacted last fall.

This type of legal challenge may prove more effective in other states, where cases go to a different appellate court, Ziegler said.

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