The merchants of death will continue to resist kicking and screaming, but Louisiana is staying on course to complement its reputation as the most pro-life state in the country in becoming the state most protective of life within its borders.
Last week, after abortionists shopped venues to find a rogue judge willing to slap a temporary restraining order onto the state’s laws outlawing abortion except when continuing a pregnancy significantly threatened the life of the mother, including instances where the unborn would not live, Republican Atty. Gen. Jeff Landry and others both asked the state Supreme Court to stay that immediately and argued against its extension in Orleans Civil Court just a couple of days later.
Unfortunately, the Court refused to act. A majority called its intervention premature, allegedly not rising to the level of merit necessary to take such a broad action. But, as both Republican Assoc. Justices Jay McCallum and Will Crain noted in dissents, this case did attain that importance, as the plaintiffs’ justification of being unable to continue business didn’t constitute immediate and irreparable harm and especially, as Crain noted, the harm done to the unborn itself was irreparable.
As Landry and the other defendants stated, jurisprudence dictated that the will of the Legislature carried a presumption of constitutionality. And, in fact, by statute the unborn are considered human life, so obviously there’s no “immediate and irreparable harm” done in preventing abortionists from taking those lives just to earn some bucks, particularly as that act is irreversible.
But justice delayed by denial lasted a short period, as just a couple of days later another judge in Orleans didn’t extend the order for a reason the defendants had argued: the venue was inappropriate, and obviously so as the statutes in question addressed not civil but criminal matters. Further, state law says when the state defends legislation that it occurs in the 19th District in Baton Rouge.
From here on out, it will go something like this: eventually, the state wins with its trump card Act 545 of the past legislative regular session that put the state’s myriad abortion statutes into an unchallengeable posture. A district court will hear out the complaint, it will be appealed regardless of what happens and the same again at the 1st Circuit, and eventually the Court will rule in favor of the state. Unlikely throughout the process will an opportunity present itself for abortions to resume for any length of time legal under the standard (on demand through the second trimester) prior to the start of July.
Ideologues in office will try to turn a blind eye towards their legal obligations. New Orleans elected officials have instructed police not to enforce abortion statutes, and Democrat Sheriff Susan Hutson claims she won’t have violators booked into the city’s jail. Citizens have remedies against this dereliction of duty, principally through Landry’s Criminal Division and Bureau of Investigation that could fill in the gap, although the Legislature at its next available opportunity may have to pass laws clarifying the ability of state agencies for enforce laws in local areas and to give courts the power to compel local officials to carry out the duties of their offices to defeat this obstinance.
Regardless, Louisiana will become the place most physically discouraging in the country for pregnant women to have an elective abortion. Even as Catholic apostate Democrat Pres. Joe Biden’s recent executive order trying to facilitate abortion, for example, would increase the possibilities of mobile abortuaries camping out in states with legalized elective abortions near other states’ boundaries (or waters), the closest a Louisiana female would live to such an unit – far western Florida, a state which bans elective abortion after 15 weeks gestation – still would be about 150 miles. Many, particularly in southwestern Louisiana, would have to travel several hundred miles.
Some states will beef up their protection of life so that by this time next year a plurality of states should have eliminated elective abortions to leave it legal only with the mother’s life at risk, while a number of others will allow some elective abortions and a few will have legalized abortion on demand. Among those without elective abortions, Louisiana likely will be the most insulated geographically from those allowing it to some degree. That means life will be safer in it than anywhere else in America, a rare time the state comes out on top of a salutary list.