First Circuit Reverses Preliminary Injunction

New OrleansYesterday, the Louisiana First Circuit Court of Appeals reversed the preliminary injunction that was put into place by Judge Don Johnson in July of 2022. The request for injunction, which was brought forward by June Medical Services, the Shreveport abortion facility, and others, would have paused Louisiana’s pro-life law pending further litigation.

However, the First Circuit Court of Appeals granted a Suspensive Appeal that allowed the law to go into effect. Now, the First Circuit has decided that Judge Johnson’s original preliminary injunction is null.

In yesterday’s First Circuit decision, the judges stated that Louisiana Supreme Court precedent indicates that a statute must be blatanely unconstitutional for a court to enjoin the enforcement of a law. The First Circuit determined that the statute in question did not fit this criteria. Therefore, the Preliminary Injunction was reversed. All three sitting judges concurred with the decision.

Benjamin Clapper, Executive Director of Louisiana Right to Life, said the following about the decision: “We are thankful that the First Circuit Court of Appeals has reversed this baseless attack on our pro-life laws protecting babies from abortion. We applaud Attorney General Jeff Landry for his continued work to defend Louisiana law. We look forward to the dismissal of this entire case.”  

Now that the Preliminary Injunction is reversed, our pro-life law will continue to be in effect while the challenge against the entire law continues.