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Report: Louisiana Supreme Court Upholds Lower Court Decision To Stop Abortion Ban Trigger

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Republican attorney general Jeff Landry claimed in a tweet in response to the court’s ruling that the state Supreme Court is “delaying the inevitable.

The Louisiana Supreme Court declined to overrule a decision from a lower court that prevented the state from enforcing its abortion ban.

The court declined to get involved “at this preliminary point” in denying the state attorney general’s plea to allow prompt enforcement of state laws prohibiting the majority of abortions, according to a 4-2 decision made late on Wednesday.

The verdict upholds a lower court decision that barred the state’s “trigger law” from going into effect. Following a legal challenge from abortion doctors in the state who claimed the statute was excessively ambiguous, a district court judge last week temporarily halted enforcement.

As abortion providers argue their case in court on Friday, the lower court’s decision will stand.

An attorney representing the lawsuit’s plaintiff, a north Louisiana abortion clinic, among other service providers, Joanna Wright, said, “We look forward to the preliminary injunction hearing on Friday” in district court.

Republican attorney general Jeff Landry claimed in a tweet in response to the court’s ruling that the state Supreme Court is “delaying the inevitable.”

“Our legislature completed its constitutionally required work, and the judiciary now has to. The fact that time does not move quickly is disheartening “Landry threw in. In a document he submitted on July 1, he said that those who brought the lawsuit—abortion supporters—”are wilfully misinterpret plain terms in the law in an attempt to construct claims that the statutes are unconstitutionally ambiguous.”

In a concurring opinion, Justice Jefferson Hughes III stated that Landry’s motion to lift the hold is premature. Before going to the state Supreme Court, Hughes contended, the case should be heard by the district and appellate courts.

Justices Scott Crichton, Piper Griffin, and James Genovese joined Hughes in the majority. Hughes was opposed by Justices William Crain and Jay McCallum, and Chief Justice John Weimer abstained from the vote.

While it’s questionable if these doctors will suffer irreparable injury from being forbidden from performing abortions, Crain said that ending alleged life while the temporary restraining order is in effect “is irreparable.”

Louisiana was the first state to have its abortion ban legally challenged after the Supreme Court upheld state restrictions on abortion operations in Dobbs v. Jackson Women’s Health Organization last month. Arizona, Kentucky, and Utah have all had temporary halts of this nature.

Additionally, Kentucky’s Attorney General Daniel Cameron’s application to get a state abortion statute reinstated after a judge temporarily blocked its enforcement was rejected by the Kentucky Supreme Court on Wednesday.