Louisiana Judge Donald Johnson Tuesday granted a petition filed by reproductive health providers against the state’s abortion ban, the latest in a back-and-forth case set in motion after the US Supreme Court struck down Roe v. Wade.
Johnson granted a temporary restraining order against state laws designed to take effect after Roe v. Wade was overturned, including a 2006 abortion ban and the recently-enacted Senate Bill 342, which imposes criminal penalties on abortion providers. The laws make no exception for abortions in the case of rape or incest.
Hope Medical Group for Women, one of the state’s three reproductive health clinics, alongside its administrator Kathaleen Pittman, June Medical Services, and Medical Students for Choice filed a lawsuit on June 27 challenging the state’s trigger laws on the grounds that they were “unconstitutionally vague” and “improperly delegate legislative power” based on the ability of citizens to make arrests without a warrant. The plaintiffs petitioned for a temporary restraining order and preliminary injunction to remove the bans while they are being litigated.
A New Orleans district judge granted the restraining order June 27. Shortly after, attorneys for the state successfully lobbied for the case to be moved to Baton Rouge, the state capitol, where Judge Ethel Julien then removed the order, claiming insufficient authority to enforce it.
Attorney General Landry also filed for the petition against the state’s abortion laws to be dissolved, asking the court “to put down Plaintiffs’ unlawful challenge to Louisiana’s clear anti-abortion statutes that have been enacted through the will of the people.”
Judge Johnson’s reinstating of the restraining order Tuesday ignored the Attorney General’s request and allows the state’s abortion clinics to reopen until further notice. A hearing on the preliminary injunction is scheduled for July 18.