By Dave Andrusko
On a 4-2 vote, the Louisiana Supreme Court upheld a lower court judge’s ruling that temporarily prevented the state from enforcing its abortion ban. That stay will remain in place at least through Friday when abortion providers will make their case.
New Orleans Civil District Judge Robin Giarrusso “issued a temporary restraining order Monday blocking officials from enforcing the state’s newly activated abortion ban, restoring access to the procedure until further notice,” according to Lydia O’Connor.
The lawsuit argues the law is “unclear on when the ban takes effect and on medical exceptions to the ban.” The plaintiffs are a Shreveport abortion clinic, physicians, and others.
On July 2nd, Attorney General Jeff Landry, “on behalf of himself and Louisiana Department of Health Secretary Courtney Phillips, had filed an application to the Louisiana Supreme Court to dissolve the Temporary Restraining Order (TRO) preventing Landry and Secretary Phillips from enforcing Louisiana’s pro-life law,” according to Louisiana Right to Life.
Mark Ballard noted that Landry and Philips “argued the abortion rights plaintiffs ‘are willfully misreading clear terms in the law in an attempt to manufacture arguments that the statutes are unconstitutionally vague.’”
Louisiana Supreme Court Justices Scott J. Crichton, James T. Genovese, Piper D. Griffin, and Jefferson D. Hughes III “declined to get involved ‘at this preliminary stage of proceedings,’” Ballard explained. Hughes wrote that the high court’s involvement was “procedurally premature.”