Louisiana Judge Blocks State Abortion Ban After Abortion Biz Sues Under State Constitution

State   |   Steven Ertelt   |   Jun 27, 2022   |   2:21PM   |   Washington, DC

A Louisiana judge has blocked the state’s new abortion ban after one of the three abortion businesses in the state filed suit against it under the state Constitution. Louisiana immediately banned killing babies in abortions following the Supreme Court decision to overturn Roe v. Wade, but this block puts the ban on hold — allowing abortion companies to resume ending the lives of unborn children.

Orleans Parish Civil District Court Judge Robin Giarrusso granted the request of the abortion center Hope Medical Group For Women and Medical Students for Choice. His ruling means Louisiana must stop enforcing its abortion ban for now that was protecting babies from abortion starting on Friday.

Here’s more:

They argued the laws, which include a 2006 ban meant to take effect immediately once Roe was overturned and a new law signed by the governor last week, are so vague and convoluted as to render them unconstitutional.

In the suit, which was also filed Monday, lawyers cite conflicting responses from elected officials, including Attorney General Jeff Landry, New Orleans City Council President Helena Moreno and New Orleans District Attorney Jason Williams, as evidence of the confusion surrounding the laws.

The Louisiana Illuminator’s Julie O’Donoghue reported that the Shreveport Clinic, Hope Medical Group, plans to start providing abortions again on Tuesday.

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Giarrusso set a date for Friday, July 8 at 10 a.m. for Landry and Louisiana Department of Health Secretary Courtney Phillips to make their case for unpausing enforcement of the bans until the case is heard in court.

Officials with Louisiana Right to Life told LifeNews they are confident the lawsuit will be defeated.

Benjamin Clapper, Executive Director of Louisiana Right to Life, told LifeNews: “While these matters are still developing, Louisiana law is clear that babies will be protected from abortion when Roe v. Wade is overturned. 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. 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,” he added.

On Friday, the state sent a letter to the three abortion businesses located in Louisiana informing them that the state’s trigger law is now in effect thanks to the Supreme Court overturning Roe. The letter made it clear that at that moment the abortion ban was now in effect and enforceable.

Meanwhile, Louisiana Attorney General Jeff Landry celebrated the Supreme Court’s decision at the Cajundome Convention Center Friday, saying it’s a great day mothers and babies in the Pelican state.

“What’s important to note is that almost 50 years ago, the court actually got it wrong. Today they got it right,” Landry Said.

“For those of you who live in Louisiana, it’s actually such a great day. Today Louisiana leads because Louisiana is one of the few states with the most pro-life laws on the books,” Landry said.

“The opportunity today is for other states to be able to take Louisiana as a template in order to protest the unborn,” the attorney general added.

He also noted that his office will be taking immediate legal action against any obstacles in the way of enforcing these laws.

“I know there are many questions out there. We are getting tons of texts and requests as to what exactly is going to happen next. Here’s what I’ll tell you. We intend to enforce the laws that are on the books,” he said.

As LifeNews reported today, the Supreme Court has overturned Roe v. Wade, with a 5-4 majority ruling in the Dobbs case that “The Constitution does not confer a right to abortion.”

“We hold that Roe and Casey must be overruled. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Justice Samuel Alito wrote for the majority.

“The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment,” Justice Samuel Alito wrote in the majority opinion. “That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be ‘deeply rooted in this Nation’s history and tradition’ and ‘implicit in the concept of ordered liberty.’”

Ultimately, as many as 26 states could immediately or quickly ban abortions and protect babies from certain death for the first time in nearly 50 years.

Justices ruled to uphold Dobbs, which limits abortion to 15-weeks in Mississippi, effectively overturning Roe v. Wade and returning abortion law to the states.

“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Alito wrote.

“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” Alito wrote. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”

This is a landmark day for the Pro-Life movement and our entire nation. After staining the moral fabric of our country for nearly 50 years, Roe v. Wade is no more.

Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer authored a joint dissent condemning the decision as enabling states to enact “draconian” restrictions on women.

Polls show Americans are pro-life on abortion.