Louisiana
Illegal
Now that the Supreme Court has overturned Roe:
Louisiana is enforcing its trigger ban which prohibits abortion entirely and includes civil and criminal penalties.
Restrictions
On June 24, 2022, Louisiana began enforcing its trigger ban, which prohibits abortion at all stages of pregnancy,[1]LA. Stat. Ann. §§ 40.87.7, 14.87.8, 40:1061. Jeff Landry (@AGJeffLandry), Twitter (June 24, 2022, 10:37 AM), twitter.com/AGJeffLandry/status/1540343439086190592?s=20&t=4bAuVOqaRblZdVvDuboLHQ following the U.S. Supreme Court’s decision to overturn Roe v. Wade in the case Dobbs v. Jackson Women’s Health Organization.[2]Dobbs v. Jackson Women’s Health Org., 597 U.S (June 24, 2022), rev’d Dobbs v. Jackson Women’s Health Org., 945 F.3d 265, 274 (5th Cir. 2019). The trigger ban was challenged in state court,[3]June Med. Servs. et al. v. Landry, No. C-720988 La. East Baton Rouge Par. Civ. Dist. Ct. , but the lawsuit was dismissed,[4]June Med. Sevs. Et al v. Landry, No. C-720988 (La. East Baton Rouge Par. Civ. Dist. Ct. Mar. 4, 2024) (joint motion for substitution and voluntary dismissal). and the ban is in effect.
Louisiana has not repealed other laws related to abortion. Louisiana law retains gestational bans at six weeks LMP, fifteen weeks LMP, twenty weeks gestational age, and post-viability.[5]LA. Stat. Ann. §§ 1061.1.3, 14:87, 40:1061.1(D)–(G), 40:1061.13. State law prohibits medication abortion, [6]2022 La. Sess. Law Serv. Act 548 (S.B. 388). D&X and D&E procedures,[7]LA. STAT. ANN § 40:1061.1.1; id. § 40:1061.28. and abortions after twenty-weeks gestational age sought for reasons of disability.[8]Id. § 40:1061.1.2. Louisiana law continues to include requirements that pregnant people who seek abortion care must undergo a mandatory seventy-two hour waiting period; biased counseling; and an ultrasound;[9]La. Stat. Ann. § 40:1061.16; La. Stat. Ann. §§ 40:1061.17, 40:1061.10; La. Stat. Ann. § 40:1061.11.1, Pregnant people who live one hundred fifty miles or more from the nearest abortion provider … Continue reading prohibitions on public funding,[10]Id. § 40:1061.6. Rape and incest claims must be reported to law enforcement. See id. § 40:1061.18. and private insurance coverage.[11]LA. STAT. ANN. § 22:1014(B). It continues to require that a parent, legal guardian,[12]Id. § 40:1061.14. or judge in the minor’s parish[13]Id. §§ 40:1061.14(B), 40:1061.21(A)(5)(c). consent to a minor’s abortion.
In 2020, Louisiana exploited the COVID-19 pandemic in an attempt to ban abortion care, issuing an executive order[14]La. Dep’t of Health, Healthcare Facility Notice/Order #2020-COVID19-All-007 (Mar. 21, 2020) that purported to suspend procedures deemed “non-emergency” by the state. This order contradicted major medical groups in the United States and around the world, which agree that abortion is essential and time sensitive health care.[15]See Joint Statement on Abortion Access During the COVID-19 Outbreak, Am. Coll. Obstetrics & Gynecology (Mar. 18, 2020); Disaster Risk Management for Health, Sexual and Reproductive Health, World … Continue reading During the pendency of the lawsuit, the parties were able to reach an agreement allowing abortion care to proceed during COVID.[16]June Medical Services v. Russo, No. 3:20-cv-229-JWD (M.D. La. 2020).
Louisiana retains targeted regulation of abortion providers (TRAP) laws, including requirements related to facilities;[17]LA. STAT. ANN. § 40:2175.4. admitting privileges (which were permanently enjoined prior to Dobbs);[18]Id. § 40:1061.10; See June Medical Services v. Russo, No. 3:14-cv-00525-JWD-RLB (M.D. La. 2022) (order vacating permanent injunction); June Med. Servs. v. Russo, 140 S. Ct. 2103, 207 L. Ed. 2d 566 … Continue reading and reporting.[19]LA. STAT. ANN. § 40:1061.21(C). Louisiana law continues to restrict the provision of abortion care to licensed physicians[20]Id. § 40: 1061.10. and restricts providers from using telemedicine for the provision of abortion care.[21]Id. § 40:1061.11. Providers who violate Louisiana’s abortion restrictions may face civil and criminal penalties.[22]Id. §§ 14:87.7, 14:87.8, 40:1061.29.
In 2023, Louisiana enacted a law that gives people a tax credit if they donate to crisis pregnancy centers.[23]S.B. 41, 2023 Leg., Reg. Sess. (La. 2023).
State Protections
Louisiana law does not include express constitutional or statutory protections for abortion. To the contrary, in 2020, Louisiana voters approved an amendment to the state constitution, specifying that the constitution does not protect abortion or require funding for abortion care. [24] LA. SEC’Y OF STATE, Statement of Proposed Constitutional Amendments November 3, 2020
Post-Roe Prohibitions
In 2022, Louisiana enacted a trigger ban that prohibits abortion of all stages of pregnancy, amending the trigger ban originally enacted in 2006 .[25]2022 La. Sess. Law Serv. Act 545 (S.B. 342). LA. Stat. Ann. § 40:1061, formerly id. § 140:1299.30. The trigger ban is being challenged in state district court but remains in effect. [26]June Med. Servs. et al. v. Landry, No. C-720988 La. East Baton Rouge Par. Civ. Dist. Ct. Louisiana retains a statute that prohibits abortion, although federal courts have found it repealed by implication and, once the legislature amended and reenacted it, unconstitutional.[27]Weeks v. Connick, 733 F. Supp. 1036, 1039 (E.D. La. 1990) (holding that pre-Roe criminal abortion statutes, LA. Stat. Ann. §§ 14:87, 87.4, 88, were repealed by implication). Sojourner v. Roemer, … Continue reading
Conclusion
Now that the Supreme Court has overturned Roe, Louisiana is enforcing its trigger ban which prohibits abortion entirely and includes civil and criminal penalties.
References
↑1 | LA. Stat. Ann. §§ 40.87.7, 14.87.8, 40:1061. Jeff Landry (@AGJeffLandry), Twitter (June 24, 2022, 10:37 AM), twitter.com/AGJeffLandry/status/1540343439086190592?s=20&t=4bAuVOqaRblZdVvDuboLHQ |
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↑2 | Dobbs v. Jackson Women’s Health Org., 597 U.S (June 24, 2022), rev’d Dobbs v. Jackson Women’s Health Org., 945 F.3d 265, 274 (5th Cir. 2019). |
↑3 | June Med. Servs. et al. v. Landry, No. C-720988 La. East Baton Rouge Par. Civ. Dist. Ct. |
↑4 | June Med. Sevs. Et al v. Landry, No. C-720988 (La. East Baton Rouge Par. Civ. Dist. Ct. Mar. 4, 2024) (joint motion for substitution and voluntary dismissal). |
↑5 | LA. Stat. Ann. §§ 1061.1.3, 14:87, 40:1061.1(D)–(G), 40:1061.13. |
↑6 | 2022 La. Sess. Law Serv. Act 548 (S.B. 388). |
↑7 | LA. STAT. ANN § 40:1061.1.1; id. § 40:1061.28. |
↑8 | Id. § 40:1061.1.2. |
↑9 | La. Stat. Ann. § 40:1061.16; La. Stat. Ann. §§ 40:1061.17, 40:1061.10; La. Stat. Ann. § 40:1061.11.1, Pregnant people who live one hundred fifty miles or more from the nearest abortion provider are subjected to a twenty-four-hour waiting period. See La. Stat. Ann. § 40:1061.16. |
↑10 | Id. § 40:1061.6. Rape and incest claims must be reported to law enforcement. See id. § 40:1061.18. |
↑11 | LA. STAT. ANN. § 22:1014(B). |
↑12 | Id. § 40:1061.14. |
↑13 | Id. §§ 40:1061.14(B), 40:1061.21(A)(5)(c). |
↑14 | La. Dep’t of Health, Healthcare Facility Notice/Order #2020-COVID19-All-007 (Mar. 21, 2020) |
↑15 | See Joint Statement on Abortion Access During the COVID-19 Outbreak, Am. Coll. Obstetrics & Gynecology (Mar. 18, 2020); Disaster Risk Management for Health, Sexual and Reproductive Health, World Health Org. (May 2011); Safe Abortion Care in the Minimum Initial Service Package (MISP) for Sexual and Reproductive Health in Humanitarian Settings, Inter-Agency Working Grp. (Dec. 19, 2019) |
↑16 | June Medical Services v. Russo, No. 3:20-cv-229-JWD (M.D. La. 2020). |
↑17 | LA. STAT. ANN. § 40:2175.4. |
↑18 | Id. § 40:1061.10; See June Medical Services v. Russo, No. 3:14-cv-00525-JWD-RLB (M.D. La. 2022) (order vacating permanent injunction); June Med. Servs. v. Russo, 140 S. Ct. 2103, 207 L. Ed. 2d 566 (2020), abrogated by Dobbs v. Jackson Women’s Health Org., 597 U.S. (June 24, 2022). |
↑19 | LA. STAT. ANN. § 40:1061.21(C). |
↑20 | Id. § 40: 1061.10. |
↑21 | Id. § 40:1061.11. |
↑22 | Id. §§ 14:87.7, 14:87.8, 40:1061.29. |
↑23 | S.B. 41, 2023 Leg., Reg. Sess. (La. 2023). |
↑24 | LA. SEC’Y OF STATE, Statement of Proposed Constitutional Amendments November 3, 2020 |
↑25 | 2022 La. Sess. Law Serv. Act 545 (S.B. 342). LA. Stat. Ann. § 40:1061, formerly id. § 140:1299.30. |
↑26 | June Med. Servs. et al. v. Landry, No. C-720988 La. East Baton Rouge Par. Civ. Dist. Ct. |
↑27 | Weeks v. Connick, 733 F. Supp. 1036, 1039 (E.D. La. 1990) (holding that pre-Roe criminal abortion statutes, LA. Stat. Ann. §§ 14:87, 87.4, 88, were repealed by implication). Sojourner v. Roemer, 772 F. Supp. 930, 931 (E.D. La. 1991), aff’d sub nom. Sojourner T v. Edwards, 974 F.2d 27 (5th Cir. 1992) cert denied, 507 U.S. 972, 113 S. Ct. 1414, 122 L. Ed. 2d 785 (1993) (holding LA. Stat. Ann. §§ 14:87 unconstitutional after reenactment). |