The Phoenix Flyer

Louisiana abortion ban can be enforced again, appellate court rules

By: - July 31, 2022 2:38 pm

After an appeals court has ruled in favor of the state, Louisiana’s abortion ban is once again in effect (Julie O’Donoghue/Louisiana Illuminator). Courtesy of the Louisiana Illuminator.

An appeals court has ruled that Louisiana’s abortion ban will go back into effect, granting a victory to Attorney General Jeff Landry, who argued that the laws should be in effect while a legal challenge plays out.

Abortion providers sued the state following the U.S. Supreme Court reversal of Roe v. Wade last month. They consider the state’s abortion laws unconstitutionally vague, and Judge Don Johnson of the 19th Judicial District Court granted a preliminary injunction last week that blocked state officials from enforcing the ban while the lawsuit was deliberated.

Plaintiffs in the case maintain that the abortion ban is not yet in effect, as Johnson needs to formally put his signature on the order, which could take a few days, according to a report from The Advocate.

Prior to Johnson’s ruling, a temporary restraining order blocked the ban, except for a brief period while the case was being transferred between jurisdictions.

Johnson denied a request Wednesday from Attorney General Jeff Landry, one of two defendants in the case, that the ban go into effect pending Landry’s appeal to the First Circuit Court of Appeals.

The Louisiana Supreme Court could still put enforcement on hold if plaintiffs challenge Friday’s decision from the First Circuit. A Shreveport clinic, its administrator and a medical students’ group have sued Landry and the secretary of the Louisiana Department of Health to have the laws thrown out.

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