Two Louisiana courts have denied abortion-rights supporters a path to block the enforcement of Louisiana statutes establishing a near-total abortion ban in the state in the wake of the U.S. Supreme Court overturning Roe v. Wade last year.
The First Circuit Court of Appeal rejected a district court’s decision last month to issue a preliminary injunction against the laws pending a trial on plaintiffs’ arguments for a permanent injunction. The appeals court ordered the trial judge to instead grant a suspensive appeal allowing the abortion prohibitions to be enforced.
In an opinion published Aug. 16, the First Circuit concluded that courts could not interfere with decisions made by the executive or legislative branches unless there are “weighty or grave reasons.” In addition, the granting of preliminary injunctions may only occur if property rights are threatened, an irreparable injury will otherwise result and clear proof of the unconstitutionality of the law is apparent, the opinion says.
“As the prerequisite to show that the statutes in question were manifestly unconstitutional has not been satisfied, we find that the equity powers of the trial court were improperly invoked,” the court said.
The state Supreme Court also weighed in on the issue this month by denying an appeal filed by the plaintiffs, who include Hope Medical Group for Women in Shreveport and Medical Students for Choice. The denial means the abortion restrictions will remain in place.
“We are deeply disappointed in the Louisiana First Circuit Court of Appeal's decision to deny medical students in Louisiana access to a comprehensive and competitive education,” Pamela Merritt, MSFC’s executive director, said in an email to the Louisiana Record. “Louisianans deserve better. This decision is not just harmful to MSFC members in Louisiana but may impact their ability to match into ON-GYN residency programs in states without regressive abortion bans.”
MSFC won’t stop working to support medical students who want training and education in abortion procedures and family planning, Merritt said.
State Attorney General Jeff Landry, who argued in support of allowing enforcement of Louisiana’s abortion restrictions, expressed support for the state Supreme Court’s denial of the plaintiff’s appeal.
“Abortion remains illegal in Louisiana,” Landry said on X, formerly Twitter, this month. “I’m pleased with the court’s decision and will continue fighting to end this legal circus.”