KEVIN McGILL, AMY FORLITI, GEOFF MULVIHILL
New Orleans (AP) — The collapse of the Roe v. Wade incident moved the abortion battlefield to courthouses across the country on Monday. One tried to swiftly implement a state-wide ban, and the other tried to stop or at least postpone such measures.
Friday’s decision by the US Supreme Court to end constitutional protection against abortion has opened the door to a wave of proceedings from all sides.
Many of the proceedings focus on the “trigger law,” which was adopted in 13 states in anticipation of the judgment and was designed to take effect quickly. The proceedings could also target an old abortion ban law that was left in the book and was not enforced under Roe. The new abortion restrictions that were pending until the Supreme Court’s ruling are also starting to work again.
“We will be back in court tomorrow, the next day, and the next day,” Nancy Norsup, president and CEO of the Center for Reproductive Rights, who claimed the case that led to the High Court’s decision, said on Friday. Said.
In Louisiana on Monday, a judge in New Orleans, a conservative state liberal city, temporarily blocked the enforcement of a state-triggered ban on abortion after alleging that abortion activists were unclear. did. The judgment is valid until the hearing on July 8.
At least one of the state’s three abortion clinics said it would resume execution of the procedure on Tuesday.
Kathleen Pitman, administrator of Shreveport’s Hope Medical Group for Women, said: “It can all lead to a squeaky outage.”
Republican and anti-abortion Attorney General Jeff Landry has vowed to fight the judge’s ruling and enforce the law.
“We want to remind everyone that the legislation currently in force was enacted by the public through a state constitutional amendment and the LA Parliament, where citizens elect representatives,” Laundry tweeted Monday. “We are ready to uphold these laws in state courts, just like in federal courts.”
Also on Monday, abortion advocates called on a Florida judge to ban the procedure after 15 weeks, with a few exceptions, and block the new law that will come into force this week. And a hearing was scheduled for Monday afternoon in Utah. There, the planned parent-child relationship challenged the trigger method with narrow exceptions.
Abortion activists also appeared in court on Monday in an attempt to evade the restrictions of the Supreme Court’s central states: Texas, Idaho, Kentucky and Mississippi. What they are worried about to block the 2021 law can be used to stop all abortions.
In Friday’s ruling, the Supreme Court left the state to decide whether to allow an abortion.
Professor Jonathan Turley of the George Washington University Law School said:
As of Saturday, abortion services had been suspended in at least 11 states — either because of state law or confusion about them.
In some cases, the proceedings may only buy time. Even if the court blocks the application of some restrictions, many conservative state lawmakers may act swiftly to address the cited flaws.
That could be the case in Louisiana. Plaintiffs in the proceedings filed in the state court do not deny that the state can now ban abortion. Instead, they claim that Louisiana now has multiple conflicting trigger mechanisms in the law.
They also claim that state law is unclear as to whether abortion is prohibited before the fertilized egg is transplanted into the uterus. And while the law provides for an exception to “medically useless” pregnancies in the case of a fetus with a fatal anomaly, plaintiffs noted that the law does not provide a definition of the term.
Nationally, challenges to other trigger legislation may be made because the conditions for imposing a ban are not met, or because it is inappropriate for past legislatures to bind the current legislature. I have.
Laura Herner, a professor at Mitchell Hamline School in St. Paul, Minnesota, questions other challenges as to whether state law allows sufficient and clear exceptions to protect the lives and health of pregnant women. Said there is a possibility.
Since the High Court ruled that the US Constitution does not guarantee the right to abortion, supporters of the right to abortion would argue that the State Constitution protects such right.
The judge heard a discussion on the matter in Florida on Monday. There, lawyers tried to block a new law that would come into force on Friday. The ban for more than 15 weeks has the exception of saving the life of a pregnant woman, preventing physical harm, or having a fatal abnormality in the fetus. The Florida ACLU claimed that the law violated the Florida Constitution.
James Bopp Jr., general counsel of the National Right to Life Committee, said the wave of proceedings from abortion advocates was not surprising. “His abortion industry has basically unlimited funding, and its allies have essentially unlimited funding. Of course, he’s enthusiastic about on-demand abortion during pregnancy,” Bopp said in an interview. Said in.
However, he said the Supreme Court’s ruling should prevent supporters of abortion from winning the federal objection. And he called the state-constitutional effort “fantastic.”
Further proceedings may be filed as the state seeks to sort out whether abortion is banned before Roe is decided. This is sometimes called the “zombie method”.
For example, Wisconsin passed a law in 1849 banning abortions except to save the lives of mothers. Democratic Attorney General Josh Kaul said he didn’t think it was enforceable. Abortion opponents are calling on lawmakers to impose new bans.
Meanwhile, Wisconsin’s planned parent-child relationship said it immediately suspended all abortions.
In Michigan, Planned Parenthood challenged the 1931 abortion ban prior to last week’s Supreme Court ruling. In May, the judge said the ban could not be enforced because it violated the state constitution. Proponents of the right to abortion are now trying to submit a constitutional amendment to the ballot in November to protect abortion and contraception.
Idaho, Oklahoma, and Texas have legislation that allows people to seek incentives for those who help others to have an abortion. Whether it means that people can be tracked across state boundaries is an unresolved issue, and legal issues regarding this issue, both in cases of surgical abortion and those involving medications mailed to patients. May occur.
The California State Legislature, governed by the Democratic Party, passed a bill on Thursday to protect the state’s abortion donors and volunteers from civil decisions imposed by other states. In the liberal Massachusetts, Republican Governor Charlie Baker signed a presidential order on Friday, banning state agencies from supporting other state investigations into those who have had a legal abortion in Massachusetts.
A complaint filed in Arizona, where most providers stopped offering abortions, said legal issues were urgent.
Even if the abortion resumes in weeks or months, plaintiffs said “patients are at high risk of complications or may lose access to the abortion altogether as a result of delays.”
Forliti reported from Minneapolis and Malbihill in Cherry Hill, NJ. Anthony Izaguirre, Associated Press writer in Tallahassee, Florida, and other AP reporters across the United States contributed to this report.
For the Associated Press’s full coverage of the Supreme Court’s decision on abortion, please visit https://apnews.com/hub/abortion.
Supreme Court Abortion Decision Launches New Court Struggle – Reading Eagle
Source link Supreme Court Abortion Decision Launches New Court Struggle – Reading Eagle