Post-Roe State Abortion Ban Litigation
June Medical Services v. Landry (Louisiana)
This case challenges Louisiana’s “trigger” abortion bans criminalizing all abortion care. Abortion care has been unavailable in the state since August 1, 2022.
On June 27, 2022, three days after the U.S. Supreme Court eliminated the constitutional right to abortion, the Center for Reproductive Rights and its partners filed a lawsuit in the Civil District Court for the Parish of Orleans challenging Louisiana’s “trigger” laws, which were designed to ban abortion if Roe v. Wade were ever overturned.
The lawsuit argued that the laws were unconstitutionally vague since it was not clear whether any of the three trigger bans were in effect, and if so, which one was in effect; as well as what conduct would be prohibited, including if there were exceptions for doctors to perform abortions to save the life of the pregnant person. In addition, state and local officials in Louisiana had issued conflicting statements about the laws after the Supreme Court’s ruling on June 24.
Filed by the Center and Boies Schiller Flexner LLP, with local counsel Ellie Schilling, the lawsuit requested emergency relief from the state’s laws on behalf of Hope Medical Group for Women and its Administrator, Kathaleen Pittman, as well as Medical Students for Choice.
On June 27, hours after the case was filed, a state court judge temporarily blocked the laws, allowing abortion care to resume in the state. A hearing was scheduled for July 8, and a preliminary injunction was granted on July 21.
On August 1, a state appellate court ordered the district court to lift the preliminary injunction, leaving abortion care unavailable.
On August 12, the Louisiana Supreme Court denied an emergency writ filed on August 4 asking the court to reinstate a preliminary injunction blocking the state’s trigger bans. The State’s appeal of the preliminary injunction is still pending in the appellate court. Abortion care has been unavailable in the state since August 1.
Center Attorneys: Jenny Ma, Kulsoom Ijaz, Caroline Sacerdote, and Adria Bonillas
Co-Counsel/Cooperating Attorneys: Schoenkas, Evans, McGoey & McEachin, LLC and Boies Schiller Flexner LLP
Plaintiffs: Hope Medical Group for Women, Kathaleen Pittman, and Medical Students for Choice
Timeline:
| June 27, 2022 | Three days after the Supreme Court eliminates the constitutional right to abortion, the Center and its partners file a lawsuit challenging Louisiana’s “trigger” laws in the Civil District Court for the Parish of Orleans. That same day, the judge temporarily blocks the laws from going into effect while litigation continues. |
| July 08, 2022 | A civil court judge vacates the June 27 temporary restraining order, allowing the trigger bans to go into effect. |
| July 12, 2022 | Louisiana’s abortion bans are again temporarily blocked after a Baton Rouge judge grants another temporary restraining order. |
| July 21, 2022 | Trial court grants request for preliminary injunction. |
| August 01, 2022 | A state appellate court orders the district court to lift the preliminary injunction, making abortion care unavailable in Louisiana. |
| August 04, 2022 | The Center and its partners file an emergency writ requesting that the Louisiana Supreme Court reinstate a preliminary injunction blocking the state’s trigger bans. |
| August 12, 2022 | The Louisiana Supreme Court denies the emergency writ, allowing the bans to remain in effect. Abortion care remains unavailable in the state. |
Legal documents:
- Complaint in June Medical Services v. Landry, 6.27.22
- Judgment on Petition for Preliminary Injunction, 8.1.22
- Petitioners’ Emergency Application for Supervisory Writ and Request for Expedited Consideration, 8.4.22
