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Abortion rights activists challenge bans in court after end of Roe v. Wade

Jun 27, 2022

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Abortion rights activists in Louisiana received a win in court just days after the Supreme Court overturned Roe v. Wade. A judge in New Orleans temporarily blocked enforcement of the state’s newly enacted abortion ban.

The ban was one of 13 trigger laws that were set to take effect if Roe was overturned. There is no exception for rape or incest. The only exception is if there is substantial risk of death or impairment to the woman.

Abortion rights activists had sued over the law, calling it unclear in court. After Monday’s ruling, the law will now be on hold pending a July 8 hearing. At least one of the state’s three abortion clinics said it would resume performing procedures on Tuesday.

“We would remind everyone that the laws that are now in place were enacted by the people through State Constitutional Amendments and the LA Legislature, which the citizens elect representatives,” Louisiana Attorney General Jeff Landry tweeted Monday. “We are fully prepared to defend these laws in our state courts, just as we have in our federal courts.”

The Louisiana ruling is the first win for abortion activists among a series of court battles in the days after Roe was overturned. These court battles were taking place in the following states:

  • Florida
  • Utah
  • Texas
  • Idaho
  • Mississippi
  • Arizona

“Florida’s 15-week abortion ban is blatantly unconstitutional under the state constitution,” the Florida ACLU tweeted Monday.  They are representing reproductive health providers as they ask a judge to block the ban, which is set to take effect this week.

A hearing on the request got underway Monday. A Florida synagogue also sued, saying the ban violates the privacy rights and religious freedoms of Jewish women.

In Arizona over the weekend, the state’s ACLU filed an emergency motion seeking to block a 2021 law they worry can be used to halt all abortions. At question is the term “personhood requirement” used in the law.

“A vague ‘personhood requirement’ that classifies fetuses and embryos as people starting at the point of conception could put medical providers and pregnant people at risk of arbitrary criminal prosecution,” the Arizona ACLU tweeted Saturday. “We’re asking the court to ensure that this overbroad provision cannot be used to block access to abortion.”

In Utah, a hearing was scheduled for Monday afternoon. The state’s Planned Parenthood challenged a trigger law there that contains narrow exceptions.

The Associated Press contributed to this report.

Jimmie Johnson: IN THE WAKE OF THE SUPREME COURT OVERTURNING ROE V. WADE — ABORTION-RIGHTS ACTIVISTS ARE TAKING STATE BANS TO THE COURTS.
AND THEY GOT A LEGAL WIN ON MONDAY.
A JUDGE IN NEW ORLEANS TEMPORARILY BLOCKED LOUISIANA’S TRIGGER LAW THAT WAS DESIGNED TO GO INTO EFFECT IF ROE WAS OVERTURNED.
ACTIVISTS ARGUED THE LAW — WHICH ONLY ALLOWS EXCEPTIONS IF THE MOTHER’S LIFE IS AT RISK — WAS UNCLEAR.
THE LAW WILL BE ON HOLD PENDING A HEARING NEXT WEEK.
IN FLORIDA, ACTIVISTS ALSO ASKED A JUDGE TO BLOCK THAT STATES NEW ABORTION BAN — WHICH IS SET TO TAKE EFFECT THIS WEEK.
ON SATURDAY — THE A-C-L-U OF ARIZONA FILED AN EMERGENCY MOTION LOOKING TO BLOCK A 20-21 LAW THEY WORRY COULD BE USED TO BLOCK ALL ABORTIONS.
AND ACROSS STATE LINES, PLANNED PARENTHOOD OF UTAH IS ALSO SUING OVER THEIR STATE’S TRIGGER LAW.