Louisiana can now enforce its ban on almost all abortions following a judge’s order Friday allowing the state’s “trigger laws” to take effect due to a technicality.
State District Judge Ethel Julien of the Orleans Parish Civil District Court effectively lifted the order based on a technicality after a hearing on the lawsuit, saying that the case should have been filed in the capital, Baton Rouge.
The decision stems from the Supreme Court‘s ruling last month to allow states to impose restrictive abortion laws, prompting Louisiana District Judge Robin Giarrusso to issue a temporary restraining order preventing enforcement of the state legislation in response to a suit filed by several abortion providers.
Outside of the courthouse, nearly 60 demonstrators gathered with signs that read, “Bodily autonomy for all” and “Abortion is healthcare.” Most of the protesters were there to show support for keeping the state’s three remaining abortion clinics open.
LOUISIANA SUPREME COURT ALLOWS ABORTIONS TO REMAIN LEGAL DESPITE ‘TRIGGER LAW’
#Prochoice protesters gather outside the #NewOrleans civil district court as a judge prepares to hear arguments on whether or not to lift a temporary restraining order which is stopping the state’s #abortion ban from taking effect. https://t.co/w0XHDj6AHR pic.twitter.com/NYXGw0wmez
— FOX 8 New Orleans (@FOX8NOLA) July 8, 2022
The Bayou State has three differing trigger laws, all of which would ban abortion entirely. One of the groups that filed the lawsuit on June 27, the Center for Reproductive Rights, argued it’s not possible to tell whether the trigger laws are in effect and, if so, which one.
Anti-abortion groups and state Attorney General Jeff Landry say the laws have no discrepancies and that the measures are clear.
“The laws on the books are absolutely enforceable today,” said Landry. “Our laws are not a buffet that you can cherry pick.”
The decision also came on the same day President Joe Biden issued an executive order to protect access to abortion in states where it is still legal. The president’s order also aims to fend off penalties women could face for seeking a procedure following what he described as an “extreme” 6-3 Supreme Court decision in Dobbs v. Jackson Women’s Health Organization on June 24.
Landry also vowed to challenge Biden’s order with “legal action” should it interfere with any of the state’s attempts to enforce various trigger laws.
Other plaintiffs in the lawsuit include Hope Medical Group for Women, an abortion clinic in Shreveport, and Medical Students for Choice.
The providers’ suit was initially granted a temporary restraining order late last month by Judge Robin Giarrusso, a Democrat elected to the bench in 1988, which blocked the state’s ban from being implemented until Julien, another Democrat, considered the preliminary injunction Friday.
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Julien’s decision on Friday follows the state Supreme Court’s temporary decision this week that refused to overturn the lower court ruling preventing the state from enforcing its ban on abortion.
The majority of justices said the court will decline to be involved “at this preliminary stage” in denying the state attorney general’s request to allow immediate enforcement of state laws against most abortions.
