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The Louisiana Supreme Court just rejected the state attorney general’s request to enforce abortion ban laws. They said that abortions must remain legal for now despite the “trigger laws.”
“A judge had temporarily blocked enforcement of Louisiana’s “trigger law” banning nearly all abortions last week. The judge placed a temporary stay on enforcement following a lawsuit from abortion providers in the state, who argued it was overly vague,” Fox News reported.
“Thursday’s state Supreme Court ruling allows that stay to remain in place at least through Friday when abortion providers will make their case in court. Louisiana was the first state to have its abortion bans challenged after the Supreme Court overturned Roe v Wade in late June. It is not the only one, however, as Texas and Kentucky have faced similar issues,” the outlet added.
Louisiana isn’t alone. Earlier this week, the Kentucky Supreme Court denied the state attorney emeralds emergency appeal to have an almost total abortion ban reinstated.
After Roe v. Wade was overturned by the U.S. Supreme Court, it triggered laws in various states that ban abortion except any performed to save a mother’s life or prevent her serious injury.
Last week, a Florida judge blocked a new 15-week abortion ban.
Fox News reported:
However, a state appeal means the court’s order has automatically been stayed, keeping the law in place for the time being.
“In a lengthy ruling issued Tuesday, Leon County Circuit Court Judge John Cooper stated that the recent Supreme Court decision in Dobbs v. Jackson Women’s Health Organization – which overturned Roe v. Wade – has no bearing on this case. That is because while Roe was based on the idea of a right to privacy that is not explicitly in the Constitution, the Florida state constitution specifically does include a right to privacy,” Fox News reported.
“The right to privacy under the Florida Constitution is ‘much broader in scope’ than any privacy right under the United States Constitution,” Cooper wrote.
“Cooper cited other past cases, including a 2003 Florida Supreme Court case that said it would be wrong to compare federal and Florida privacy rights ‘in light of the fact that there is no express federal right of privacy clause.’ As a result of the state right being expressly written into the state constitution, Cooper said there is a higher level of scrutiny, and that ‘any law that implicates the fundamental right of privacy is … presumed to be unconstitutional,’” the Fox report added.
This will continue to be an interesting fight between states amid the ruling of SCOTUS.
Justice Alito wrote, “We hold that Roe and Casey must be overruled,” he wrote in the document. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives. We, therefore, hold the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives.”
