Louisiana’s law that bans most abortions is back in effect. Baton Rouge Judge Don Johnson has signed an order that suspends his preliminary injunction. Loyola University Law Professor Dane Ciolino says Judge Johnson’s action is the result of a ruling Friday from the Louisiana First Circuit Court of Appeals.
“The First Circuit Court of Appeals did what the law absolutely requires which is to grant a suspensive appeal which suspends the effect of the lower court’s ruling,” said Ciolino.
Judge Johnson had issued a restraining order against the law from going into effect while he studies the merits of the law. But Ciolino says it was just a matter of time before the appeals court would act.
“The law on this is plain as day, it’s surprising that the appellate court had to tell the district court to what the law requires,” said Ciolino.
Ciolino says once the case reaches the Louisiana Supreme Court, the state’s highest court will likely rule the abortion ban is legal. He says if pro-choice advocates want to change the law, they’ll need the Legislature’s help.
“This issue is one that is going to be resolved by the Legislature, not by the courts,” said Ciolino.
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