Louisiana's trigger law outlawing abortion remains on hold for now; judge may rule Tuesday
LAFAYETTE, La. – A Louisiana judge could rule on Tuesday on whether he will extend a temporary order blocking the state from enforcing its trigger law that outlaws almost all abortions following a hearing Monday in the 19th Judicial Courthouse.
Baton Rouge Judge Don Johnson gave both sides until 10 a.m. Tuesday to present final findings from the hearing. His temporary restraining order will remain in place until at least then.
That allows the state’s three abortion clinics in Baton Rouge, New Orleans and Shreveport to remain open for now.
"The law is clear," said Republican Attorney General Jeff Landry, who is defending Louisiana's trigger law, following Monday's hearing. "Ultimately we will win."
But attorneys representing Hope Medical Group in Shreveport argued the state's trigger law is unconstitutionally vague, meaning "ordinary citizens" can't understand the law and its exceptions.
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Attorney Joanna Wright also said doctors don't understand the law and presented affidavits from physicians saying doctors are afraid to provide sometimes life-sustaining care for pregnant women with medically futile pregnancies and miscarriages, for example.
But Attorney John Balhoff, who works for the attorney general, dismissed those arguments, saying the trigger law "goes to extraordinary lengths to define the terms."
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"They seem to interpret my tweets better than they interpret the law," said Landry, who again invited those who didn't like the law to move out of state.
Louisiana's 2006 trigger law, updated by Democratic state Sen. Katrina Jackson's bill this summer, was designed to take effect immediately following the U.S. Supreme Court's decision to overturn the Roe v. Wade decision guaranteeing legal abortions.
It outlaws virtually all abortions with an exception for saving the life of the mother, but no exceptions for rape or incest.
Louisiana's updated trigger law carries criminal penalties of up to 15 years for doctors who perform abortions but exempts pregnant women from prosecution.
The Louisiana Supreme Court is expected to have the final say over whether the state’s trigger law is too vague as those challenging it argue whether the law should take effect.
Greg Hilburn covers state politics for the Paste BN Network of Louisiana. Follow him on Twitter @GregHilburn1.