Louisiana's abortion law will go to appellate court

A randomly selected three-judge panel will decide the fate of Louisiana’s law that bans most abortions, but the state’s abortion clinics will remain open until a
decision is made.

Attorney General Jeff Landry is appealing a court order prohibiting the state’s abortion ban from taking effect amid an ongoing legal challenge.

East Baton Rouge District Judge Don Johnson on Tuesday denied Landry’s request to allow the state’s abortion ban to go into effect pending his appeal of a preliminary injunction issued by Johnson last week.

The ruling means abortion will remain available in Louisiana until the three-judge panel from the 1st Circuit Court of Appeal takes action. It’s unclear how long until the court — composed of 11 Republicans and one Democrat – rules on Landry’s appeal.

Johnson found Tuesday that plaintiffs in the case have “shown how such ‘trigger bans’ could unconstitutionally be reasonably understood and misapplied by health care professionals, and by interpretation of ordinary citizens.”

Last week, Johnson issued a preliminary injunction against the state’s abortion ban in a lawsuit challenging the law brought by Shreveport abortion clinic Hope Medical Group for Women and abortion advocates with Medical Students for Choice.

Louisiana’s trigger law took effect immediately upon the U.S. Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey in late June, but the plaintiffs immediately sued, arguing the law is unconstitutionally vague both in terms of exceptions and when the law takes effect.
Attorneys representing Landry and Louisiana Department of Health Secretary Courtney Phillips have argued the law clearly bans elective abortions and doctors won’t be held criminally liable if they use “reasonable medical judgment.”

Landry has said he expects the Louisiana Supreme Court will ultimately decide the case.
In the meantime, he’s optimistic the First Circuit Court of Appeals will lift the preliminary injunction as the case proceeds.

“We trust the First Circuit will apply the law properly and reverse Judge Johnson’s ruling,” Landry posted to Twitter on Tuesday. “Our laws are clear and we will prevail in defending them.”

Johnson’s ruling on Tuesday comes just days after the Louisiana State Bond Commission Landry’s call to halt funding for New Orleans following a vow from local officials to defy the state’s abortion ban.

The New Orleans City Council unanimously passed a resolution on July 7 that prohibits city officials and local law enforcement from using public funds or resources to enforce the state’s abortion trigger laws. Orleans Parish District Attorney Jason Williams also promised not to prosecute abortion providers, while Orleans Parish Sheriff Susan Hutson vowed to refuse to accept any person into custody at the Orleans Justice Center who is arrested for violating the abortion ban.

In response, the bond commission voted 12-2 last Thursday to delay preliminary approval for the New Orleans Sewerage & Water Board to borrow $39 million next year to continue a power plant project.

Justices with the Louisiana Supreme Court voted 4-2 earlier this month against a request by Landry to intervene in the case.

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.