A court blocked Louisiana from barring nearly all abortions despite a law that was triggered by the U.S. Supreme Court's ruling last week that overturned Roe v. Wade.
The Hope Medical Group for Women, one of Louisiana's three abortion clinics, is one of the plaintiffs in the case. The Shreveport-based clinic is arguing that Louisiana's three trigger law bans violate its due process rights under the state's constitution and "lack constitutionally required safeguards to prevent arbitrary enforcement."
The Center for Reproductive Rights, a left-wing group that filed the lawsuit on the clinic's behalf, said abortions are now resuming in the state after Giarrusso's order.
States' RightsIn striking down Roe, the Supreme Court gave states the authority to ban or allow abortions at any point in a pregnancy. Justice Samuel Alito, writing the 5–4 majority opinion, argued that the Constitution makes no reference to abortions and said the 1973 landmark decision, as well as the 1992 decision Planned Parenthood v. Casey—which reaffirmed Roe—were flawed from the start.
“We end this opinion where we began. Abortion presents a profound moral question,” Alito wrote. “The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.
"No such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment. That provision has been held to guarantee some rights that are not mentioned in the Constitution.”
Lousiana Attorney General Jeff Landry's office didn't respond to a request for comment by press time. Although he didn't comment on the lawsuit and injunction, Landry, a Republican, praised the Supreme Court's decision last week.
Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett joined Alito. Chief Justice John Roberts wrote that he would have stopped short in overturning Roe, while Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor dissented.