mcloudy.png
Tuesday August 9th, 2022 4:45PM

Louisiana abortion providers file appeal, hope to block ban

By The Associated Press
Related Articles
  Contact Editor

BATON ROUGE (AP) — Abortion-rights advocates hope Louisiana’s near-total ban of the procedure will soon be blocked again, after plaintiffs in an ongoing legal challenge filed an appeal with the state Supreme Court Thursday.

Access to abortion in Louisiana has been back-and-forth for weeks, with the state’s three clinics relying on court rulings and temporary restraining orders to continue operations. Louisiana’s abortion law, which does not have exceptions for rape or incest, is currently in effect. However, if the Louisiana Supreme Court sides with the plaintiffs in their appeal, then enforcement of the ban will once again be blocked.

“We hope the Louisiana Supreme Court will rule that district courts have the power to block unconstitutional criminal statutes, including the trigger bans in question," Joanna Wright, an attorney for the plaintiffs, said in a written statement Thursday afternoon. "Louisiana women must have access to critical and sometimes lifesaving healthcare, and we will continue challenging the Attorney General’s attempts to undermine that access through unconstitutionally vague statutes. This fight is far from over—we are not going anywhere.”

The back-and-forth battle over Louisiana’s ban began in June when the U.S. Supreme Court ended constitutional protections for abortion. While the plaintiffs don’t deny the state can now ban abortion, they argue that the law’s provisions are contradictory and unconstitutionally vague. The legislation bans all abortions except if there is substantial risk of death or impairment to the patient if they continue with the pregnancy and in the case of “medically futile” pregnancies — when the fetus has a fatal abnormality.

At issue is a legal question over whether district courts must put their rulings on hold while their decisions are appealed.

On July 21, Baton Rouge Judge Donald Johnson issued a preliminary injunction that allowed clinics to continue providing abortions while a lawsuit over the ban plays out.

But procedures came to a screeching halt last Friday when a state appeals court ruled in favor of Louisiana Attorney General Jeff Landry, granting a “suspensive” appeal and ordering Johnson to reinstate enforcement of the ban.

Following the decision, Wright said it was disappointing that the First Circuit ruled without first allowing plaintiffs an opportunity to file opposition to the motion. She said the court “essentially eliminated critical health care services in the state.”

The plaintiffs are now challenging the appeals court's decision in the Louisiana Supreme Court. If the court rules in favor of the plaintiffs — which includes a northern Louisiana abortion clinic — the ban would be blocked for the third time since the U.S. Supreme Court overturned Roe v. Wade.

The plaintiffs argue in their appeal of the First Circuit decision that providers don’t know what medical care they can perform under the law, and therefore “are forced, in tragic instances, to choose between engaging in potentially illegal conduct or refusing to provide critical healthcare to their patients with potentially grave results.”

The law states that doctors and others who perform abortions could face up to 15 years in prison.

Former Louisiana Attorney General Buddy Caldwell and 22 law professors in the state filed amicus briefs in support of the plaintiffs' appeal. The briefs focus on the legal arguments of the filing and not the “merits in the underlying lawsuit.”

Abortion providers and advocates say each day of the ban being blocked has been extremely valuable. Since Roe v. Wade was overturned, there have been at least 249 abortions in Louisiana, according to data from the state’s department of health.

  • Associated Categories: U.S. News, Associated Press (AP), AP National News, Top U.S. News short headlines, AP Online Headlines - Washington, AP Online Congress News, AP Health, AP Health - Women's health
© Copyright 2022 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Louisiana abortion providers file appeal, hope to block ban
Access to abortion in Louisiana has been back-and-forth for weeks — with the state’s three clinics relying on rulings and temporary restraining orders to continue operations
4:30PM ( 7 minutes ago )
Water becomes needed commodity in flood-ravaged Kentucky
National Guard soldiers rushed to distribute bottled water to flood-ravaged eastern Kentucky as forecasters warned of more rain coming to the region
4:19PM ( 18 minutes ago )
Dried blood and roses: Jury gets rare look at Parkland scene
Jurors in the trial of Florida school shooter Nikolas Cruz have toured the still-bloodstained building where he murdered 17 people four years ago
4:17PM ( 20 minutes ago )
U.S. News
'Chicago' to welcome trans actor Angelica Ross as Roxie Hart
“Pose” star Angelica Ross is set to make her Broadway debut in the musical “Chicago” this fall, becoming the first openly transgender actor to play the murderous vixen Roxie Hart
4:20PM ( 17 minutes ago )
DeSantis suspends elected prosecutor over new abortion law
Florida Gov. Ron DeSantis has suspended the elected state prosecutor of Tampa for pledging not to enforce the state’s new 15-week abortion ban and for supporting gender transition treatments for minors
4:14PM ( 23 minutes ago )
US says Russia aims to fabricate evidence in prison deaths
The White House says new intelligence suggests Russia is working to fabricate evidence concerning last week’s deadly strike on a prison housing prisoners of war in a separatist region of eastern Ukraine
4:11PM ( 27 minutes ago )
Associated Press (AP)
Police change account of crash killing Indiana Rep. Walorski
Police have changed their description of the crash that killed Indiana Republican U.S. Rep. Jackie Walorski, saying that it was the SUV in which she was a passenger crossed a state highway’s centerline and caused the head-on crash
2:49PM ( 1 hour ago )
Florida governor suspends prosecutor over new abortion law
Florida Gov. Ron DeSantis has suspended the elected state prosecutor of Tampa for pledging not to enforce the state’s new 15-week abortion ban and for supporting gender transition treatments for minors
2:45PM ( 1 hour ago )
US to declare health emergency over monkeypox outbreak
The U.S. will declare a public health emergency to bolster the federal response to the outbreak of monkeypox that already has infected more than 6,600 Americans
1:58PM ( 2 hours ago )
AP Online Headlines - Washington
After Taiwan, Pelosi meets political leaders in South Korea
U.S. House Speaker Nancy Pelosi is meeting top South Korean political leaders in Seoul after she concluded her high-profile visit to Taiwan by renewing Washington’s “ironclad” commitment to defending democracy on the self-governing island despite vehement protests from China
1:03AM ( 15 hours ago )
GOP eyes Nashville seat for flip; Dems vie to face governor
Tennessee Republicans are set to settle a nine-way primary in a reconfigured congressional district in Nashville they are hoping to flip
12:14AM ( 16 hours ago )
On NATO, McConnell nudges GOP away from Trump-era approach
Senate Republican leader Mitch McConnell played a pivotal role in the Senate ratifying NATO membership for Sweden and Finland
12:11AM ( 16 hours ago )
AP Online Congress News
Water becomes needed commodity in flood-ravaged Kentucky
National Guard soldiers rushed to distribute bottled water to flood-ravaged eastern Kentucky as forecasters warned of more rain coming to the region
4:19PM ( 19 minutes ago )
Dried blood and roses: Jury gets rare look at Parkland scene
Jurors in the trial of Florida school shooter Nikolas Cruz have toured the still-bloodstained building where he murdered 17 people four years ago
4:17PM ( 22 minutes ago )
Autopsy: Family killed at Iowa park shot, stabbed, strangled
Autopsy results say three family members killed during a shooting last month at an eastern Iowa state park were shot, stabbed and/or strangled
3:25PM ( 1 hour ago )
Feds charge 4 police officers in fatal Breonna Taylor raid
The federal government has filed civil rights charges against four Louisville police officers over the drug raid that led to the death of Breonna Taylor
3:24PM ( 1 hour ago )
Parkland jury gets rare view of bloody school massacre site
Jurors in the trial of Florida school shooter Nikolas Cruz have toured the still-bloodstained building where he murdered 17 people four years ago
3:18PM ( 1 hour ago )