Baton Rouge District Judge Donald Johnson ruled on Tuesday that abortion is legal in Louisiana. The ruling blocks the state’s trigger ban, at least temporarily. Judge Johnson’s temporary restraining order was granted to the Center for Reproductive Rights (CRR). A hearing on the case is set for July 18.
Like other states that passed trigger bans to go into effect if the Supreme Court overturned Roe v Wade in its ruling in Dobbs v Jackson Women’s Health, Louisiana has been in legal limbo. This is how the near future will look for states trying to restrict abortion access – lawsuits and restraining orders. It means that abortions may or may not be available in pro-life states, depending on which restraining order or judge’s ruling is in effect.
In Louisiana, CRR and Boies Schiller Flexner LLP filed suit against the state trigger ban set to go into effect immediately after the Supreme Court overturned Roe v Wade. The two organizations requested emergency relief to allow abortion providers to continue to provide their services. A judge temporarily blocked the trigger ban but that orer was lifted when the lawsuit was moved to a different court. Judge Johnson’s ruling on Tuesday puts a temporary restraining order back in place.
In a statement Wednesday, CRR senior staff attorney Jenny Ma said it is an “incredible relief” that people can access abortions in the state.
“This is an incredible relief for people who need abortion care right now in Louisiana. Abortion care in the state can resume today, and further irreparable harm has been avoided. Our work continues and we now look ahead to our hearing on Monday, where we will ask the judge to block the bans more permanently,” Ma said in a statement. “Every hour and every day that a clinic can still provide abortion care fundamentally changes the lives of people for the better.”
Well, except for the life of that developing baby.
Louisiana Attorney General Jeff Landry tweeted his response. He vows to keep fighting.
Louisiana Attorney General Jeff Landry, meanwhile, tweeted from his verified account Tuesday that “the people of Louisiana have spoken both directly at the ballot box and through their elected legislature again and again and again – not only statutorily but also constitutionally.”
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“To have the judiciary create a legal circus is disappointing and what discredits the institutions we rely upon for a stable society,” Landry said. “The rule of law must be followed, and I will not rest until it is. Unfortunately, we will have to wait a little bit longer for that to happen.”
To have the judiciary create a legal circus is disappointing and what discredits the institutions we rely upon for a stable society.
— AG Jeff Landry (@AGJeffLandry) July 12, 2022
Any society that places themselves before their children (the future) does not last.
— AG Jeff Landry (@AGJeffLandry) July 12, 2022
Onward now to the hearing that is scheduled for July 18.
This is what state control of abortion law looks like. Federal control and the one size fits all approach no longer apply. States are passing their own laws and it gets messy. It’s a good lesson in federalism, though, something progressives don’t want to be reminded of, that’s for sure. Several states find themselves in legal battles over trigger bans. This issue isn’t going away any time soon.
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