Okpalobi v. Foster: Fifth Circuit En Banc Decision

12.12.08

Primary Content

Jan. 7, 1998

Health clinic brought action against Louisiana governor and Attorney General challenging constitutionality of state statute making abortion provider liable in tort to mother for any damage occasioned or precipitated by abortion. Six health clinics and two physicians sought to intervene and moved for preliminary injunction. The District Court, Porteous, J., held that statute likely violated Fourteenth Amendment.

Motion for preliminary injunction granted.