A Louisiana judge Monday blocked a law that would automatically ban nearly all abortions in the state after the US Supreme Court overturned Roe v. Wade.
Some states including Louisiana have had “trigger laws” on the books that were to go into effect if the landmark 1973 ruling was ever reversed.
With the high court’s decision Friday gutting Roe v. Wade, conservative states with such laws are already moving forward with partial or nearly all-out bans on abortions.
But Judge Robin Giarrusso on Monday at least temporarily sided with Louisiana abortion providers who filed a lawsuit arguing that such a rapid state ban violated their due-process protections.
The plaintiffs, working with the Center for Productive Rights, also asserted that the state’s trigger law did not include a specific date when abortion would be made illegal after Roe’s reversal.
Giarrusso of Orleans Parrish said she will hold an additional hearing next month before deciding if she will extend the current stay.
The Louisiana trigger law only allows abortions when the mother’s life is in jeopardy and does not specify exceptions for rape or incest.
The reversal of Roe v Wade takes away the federal right to an abortion and now allows states to establish their own related laws.
A total of 13 states — also including Texas, Missouri and Tennessee — have trigger laws that call for the banning of abortion up to 30 days after the overturning of Roe v. Wade.
Penalties for an illegal abortion can include fines and imprisonment.