Monday, June 27, 2022
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1/ A Louisiana judge temporarily blocked enforcement of a statewide “trigger law” ban on abortion, allowing the state’s three remaining abortion clinics to continue operating. Louisiana is one of 13 states that had trigger laws on the books in anticipation of the Supreme Court overturning Roe v. Wade. In several states, including Louisiana, those laws took effect immediately, halting abortion care across the state. The order followed a lawsuit by abortion providers alleging that the state’s “trigger” bans are “vague” because they don’t have a “clear and unambiguous effective date” and “lack adequate standing for enforceability.” A hearing is pending next week. (Axios / CBS News / New York Times / Washington Post / The Hill)
2/ Attorney General Merrick Garland indicated that the Justice Department will protect the right to seek abortions across state lines, calling the Supreme Court decision to reverse Roe v. Wade “a devastating blow to reproductive freedom.” Garland said “bedrock constitutional principles” protect a women’s rights to seek reproductive care, and that the “Constitution continues to restrict states’ authority to ban reproductive services provided outside their borders.” Both Texas and Oklahoma recently passed abortion bans that allow private citizens to sue people who perform abortions or who otherwise help someone get one. In Texas, lawmakers have signaled that they want to make it illegal for people to travel out of state to get the procedure. In his concurring opinion, however, Justice Brett Kavanaugh suggested that women who travel to another state to receive an abortion would be protected by the constitutional right to interstate travel. Garland also said the department is “ready to work with other arms of the federal government that seek to use their lawful authorities to protect and preserve access to reproductive care,” noting that the FDA has approved the use of Mifepristone and that states cannot ban the medication based on disagreement with the FDA’s judgment. (Bloomberg /