The judge’s decision was the latest in a series of legal maneuvers that have shaken the legal status of abortion in the state, leaving women and providers scrambling to adjust. One of the few remaining abortion clinics in the state said it will continue to provide the procedure. Louisiana is among several conservative states that have voted to restrict or ban abortions in anticipation of the Supreme Court overturning Roe v. Wade, the landmark decision that since 1973 had guaranteed a constitutional right to abortion. When the court did so last month, triggering those state bans, abortion rights groups and providers sued, arguing that state constitutions protect the right to an abortion. This ruling immediately banned abortions beginning at conception, with the exception of a threat to the life of a pregnant woman, but no exceptions for rape or incest. Under a Louisiana law, abortion providers face a possible prison sentence of 10 or 15 years, depending on when the pregnancy was terminated.
Read more at End of Roe v. Wade
On Tuesday, the court said abortions could resume at least until Monday, when a hearing will be held to consider the abortion providers’ argument to permanently put the bans on hold. “Two separate Louisiana judges have now correctly found that irreparable harm will be caused if the activation bans are imposed,” said Joanna Wright, an attorney for the plaintiffs. Jeff Landry, the state’s attorney general, tweeted that it’s disappointing “the judiciary has created a legal circus” after Louisianans spoke at the ballot box and through their elected lawmakers. “The rule of law must be upheld and I will not rest until it is,” he said. “Unfortunately, we will have to wait a little longer for that to happen. Any society that puts itself before its children (the future) does not last.” The clinic that joined the lawsuit, Hope Medical Group for Women, said it will resume providing abortions in Shreveport. She had stopped providing them Friday, but remained open to see patients for ultrasounds and “consultative options,” said Kathaleen Pittman, the clinic’s administrator. The clinic had redirected patients to providers in other states, but surrounding states have also severely restricted or banned abortions. “It’s crazy,” Ms. Pittman said Tuesday. “It’s stressful. But more for our patients than for the staff.” Jenny Ma, an attorney for the Center for Reproductive Rights, called it “an incredible relief for people who need abortion care right now in Louisiana.” “Every hour and every day that a clinic can still provide abortion care fundamentally changes people’s lives for the better,” she said. The Louisiana State Constitution is unusual in that it specifically says it does not grant a right to abortion, meaning the legislature has the right to pass laws restricting it. But abortion providers in the state argue that the enabling laws violate due process provisions in the Constitution and are “void for vagueness” because they don’t provide details about what is legal or not under the law. The rapidly changing state of Louisiana’s enabling laws is emblematic of the chaotic national landscape that has unfolded in the weeks since the Supreme Court overturned Roe v. Wade. Abortion rights group judges launched lawsuits challenging activation bans in a dozen states soon after the court’s decision. Judges rejected those challenges in Ohio and Mississippi, but other cases, including in Oklahoma, continue. Ava Sasani contributed reporting.
