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Louisiana and Utah trigger laws banning abortions temporarily blocked by courts

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Abortion Rights


LOUISIANA AND UTAH TRIGGER LAWS BANNING ABORTIONS TEMPORARILY BLOCKED BY COURTS

More than a dozen states had trigger laws to thwart abortions in the event Roe
v. Wade was overturned.

Raquel Juarez protests for abortion rights at the Utah State Capitol in Salt
Lake City on Friday. Rick Bowmer / AP
Link copied
June 27, 2022, 5:47 PM UTC / Updated June 28, 2022, 3:31 AM UTC
By Chloe Atkins and David K. Li

Judges in Louisiana and Utah on Monday temporarily blocked prohibitions on
abortion in their states following last week's U.S. Supreme Court ruling that
ends a national right to the procedure.

The high court on Friday overturned Roe v. Wade, which for nearly 50 years had
granted women the constitutional right to abortions. More than a dozen states
set so-called trigger laws to take immediate effect banning or severely limiting
abortions in the event Roe v. Wade was overturned.




Trigger laws were also being challenged in Arizona, Idaho, Kentucky, Mississippi
and Texas.

A state judge in Louisiana issued a temporary restraining order Monday barring
the state from enforcing its ban, leading to the immediate resumption of the
procedure.

Orleans Parish Civil District Judge Robin Giarrusso granted the request of
plaintiffs Hope Medical Group for Women and Medical Students for Choice.


TRIGGER STATES IMMEDIATELY ENACT ANTI-ABORTION LAWS

June 24, 202203:05


Hours later, Utah Third District Judge Andrew Stone halted that state's trigger
law effective immediately under a 14-day temporary restraining order requested
by the Planned Parenthood Association of Utah.



"There is irreparable harm that has been shown," Stone said in granting the
order. "Affected women are deprived of safe, local medical treatments to
terminate pregnancies."

Planned Parenthood lawyer Julie Murray argued that because patients had access
to abortion for five decades, halting the procedure with such short notice had
reverberating impacts for Utah women.

The nonprofit organization's facilities in Utah had more than 55 patients
scheduled for abortion appointments this week, it said in its emergency request
Saturday for a temporary restraining order.

Utah Solicitor General Tyler Green argued that nothing in the state's
constitution specifically protects a right to abortion and that the interest of
the unborn weighs as heavily as the harm to would-be patients under prohibition.



"In our view, it's at least a draw," he told the court.

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Murray said Planned Parenthood's lawyers were working on a request for a
preliminary injunction that, if successful, would keep abortion legally
available in the state after the temporary restraining order expires.


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Providers in Louisiana stopped performing abortions Friday, unsure of the
legality of the practice because of the vagueness of the bill, reproductive
rights groups said.

“Louisiana’s court made the right call today to swiftly block this unjust ban
from taking effect," said a statement by Jenny Ma, a senior staff attorney for
the Center for Reproductive Rights, which filed the lawsuit on behalf of the
plaintiffs.



"It is incredibly welcome news during a very dark time in our history. This
means that Louisiana patients will still be able to access the essential health
care they need — every second that abortion is accessible counts. While the
fight is far from over, we will do everything in our power to preserve abortion
access in Louisiana and across the country.”

Attorney General Jeff Landry said Monday that his office will go to court to
support the abortion ban, which he said was "enacted by the people" of
Louisiana.

"We are fully prepared to defend these laws in our state courts, just as we have
in our federal courts," Landry said in a statement.

In a statement Friday, Democratic Gov. John Bel Edwards declared that he is
"unabashedly pro-life and opposed to abortion" but said he is seeking changes to
Louisiana's trigger law — first put in place in 2006 — because it has no
exceptions for rape and incest.



"As I have said many times before, I believe women who are survivors of rape or
incest should be able to determine whether to continue with a pregnancy that is
the result of a criminal act," Edwards said Friday.

Christina Stephens, the governor's deputy chief of staff, said in a statement
Monday: "This challenge to Louisiana’s trigger law was completely expected. For
quite some time, our law has clearly stated that abortion would be outlawed in
Louisiana if Roe v. Wade was overturned."



Chloe Atkins

Chloe Atkins reports for NBC News digital.


David K. Li

David K. Li is a breaking news reporter for NBC News.

Dennis Romero contributed.


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