Judge’s ruling clears Louisiana to enforce near-total ban on abortion

Louisiana can now enforce its ban on almost all abortions under a judge’s order issued Friday amid a flurry of court challenges to state “trigger” laws crafted to take effect when the U.S. Supreme Court overturned Roe v. Wade.

The decision came the same day President Joe Biden issued an executive order to protect access to abortion in states where it is still legal and mitigate the potential penalties women seeking the procedure may face after the high court’s ruling on June 24.

Days after the Supreme Court decision, Louisiana District Judge Robin Giarrusso issued a temporary restraining order banning enforcement of the state legislation in response to a lawsuit filed by a north Louisiana abortion clinic and others.

State District Judge Ethel Julien said Friday that she did not have the authority to extend the restraining order because she had concluded the suit should not have been filed in her court. She said the suit’s claims that provisions in the law are unconstitutionally vague and inconsistent are matters involving legislation, and therefore should be heard in state court in the capital, Baton Rouge.

The ruling was a victory for Attorney General Jeff Landry and lawyers for the state, who argued that the lawsuit had been improperly filed in New Orleans.

Attorneys for the law’s challengers did not detail their next step, but said they would continue to press the case in Baton Rouge. “This was a decision on a technicality that had nothing to do with the merits of our case, which were not discussed or considered by the parties or the court today,” said lead attorney Joanna Wright.