Louisiana's Abortion Trigger Law: What You Need To Know

Louisiana has a 'trigger' abortion ban that would criminalize the provision of abortion if Roe v. Wade is overturned or if a federal constitutional amendment allows states to determine abortion law and policy. In 2022, Governor John Bel Edwards signed a law criminalizing abortion providers, and in 2024, Governor Jeff Landry signed a law that classifies the abortion-inducing drugs mifepristone and misoprostol as controlled substances. Louisiana is among the four states that forbid abortion access through their state constitution, with abortion in the state now illegal as of August 1, 2022.

Louisiana's trigger law outlaws almost all abortions

The law also allows abortion procedures to be used to treat miscarriages and ectopic pregnancies. However, pregnant people whose lives might be at risk due to suicidal thoughts or other mental illnesses cannot use these conditions to access abortion in Louisiana. Additionally, pregnancies resulting from rape or incest are not eligible for abortion under the law.

Those who perform illegal abortions in Louisiana, including the prescription of medication that induces abortion, face up to 10 years in prison and a $100,000 fine. The state also has a separate law prohibiting out-of-state individuals and organizations from sending abortion medication to people in Louisiana, although it is unclear if this statute can be effectively enforced.

In October 2024, Louisiana reclassified the abortion pills mifepristone and misoprostol as Schedule IV controlled substances. This classification is typically given to drugs with a potential for dependency or abuse. As a result, it is now a crime punishable by up to five years in prison to possess these drugs without a prescription in Louisiana. Experts warn that this restriction on medication used to treat postpartum hemorrhage and other conditions could endanger women's lives.

The state's trigger law came into effect after Roe v. Wade was overturned

Louisiana's trigger law came into effect after the Supreme Court overturned Roe v. Wade in 2022. The state's abortion ban was automatic, with abortion clinics in the state ceasing to provide abortions within hours of the ruling. The Louisiana Department of Health informed abortion clinics of the ban, stating: "The Louisiana Department of Health expects your clinic to abide by the Louisiana laws on abortion."

The trigger law made abortion illegal in almost all cases, with the only exceptions being if the pregnant person's life was in danger due to physical illness or if they could sustain "serious, permanent impairment of a life-sustaining organ." Abortion procedures can also be used to treat miscarriages and ectopic pregnancies.

Those who perform abortions or prescribe medication to induce abortion face up to 10 years in prison and a $100,000 fine. The state also has a law prohibiting out-of-state individuals and organizations from sending abortion medication to people in Louisiana, although it is unclear how enforceable this is.

The overturning of Roe v. Wade allowed individual states to implement their own abortion laws, and Louisiana was one of the first to enforce a strict ban. The state's trigger law had been anticipated, with a 2019 Louisiana state law already banning abortion after 22 weeks. Louisiana was also one of several states to pass a "fetal heartbeat" bill in 2019, which banned abortion in almost all cases.

The impact of the trigger law in Louisiana has been significant, with residents who want abortions having to travel several hours to a clinic in another state. This particularly affects poor people, who may not have the financial means to travel long distances. The ban has also resulted in pregnant patients being denied timely treatment for miscarriages and forced to delay routine prenatal care until after 12 weeks of pregnancy.

Abortion providers face criminalisation and heavy fines

Abortion providers in Louisiana face criminalisation and heavy fines. In 2022, Governor John Bel Edwards signed a law criminalising abortion providers. This law imposes penalties of up to 10 years' imprisonment and a fine of $100,000. The law also allows for the prosecution of any person who performs, or aids someone in performing, an abortion.

The criminalisation of abortion providers in Louisiana has significant implications for their work and the health outcomes of those seeking abortions. It has been found to cause delays in accessing abortion services, as providers may wait until a woman's life is in danger to provide an abortion within the legal exceptions. Criminalisation also limits access to safe and legal abortions and increases recourse to unlawful and unsafe abortions. Furthermore, abortion providers may act cautiously, fearing criminal prosecution, even in cases where denial of abortion could constitute torture or cruel and inhuman treatment.

The criminalisation of abortion providers can also lead to a lower availability of trained providers and a loss of relevant skills in the health workforce. This can have negative effects on the health workers who do provide abortions and increase bureaucracy within health systems. Additionally, abortion providers may face challenges in obtaining and administering abortion medications due to restrictions and security requirements placed on these drugs.

The criminalisation and associated fines for abortion providers in Louisiana create a challenging and restrictive environment for those providing abortion services, impacting their work and the health outcomes of their patients.

Abortion pills reclassified as Schedule IV drugs

Louisiana has reclassified the abortion pills mifepristone and misoprostol as Schedule IV drugs. This reclassification means that the drugs are now considered "controlled substances", a designation typically reserved for drugs that carry a risk of abuse or dependence. People caught with the drugs without a valid prescription could face up to five years in prison, although pregnant women who obtain them for their own use are exempt from punishment.

Mifepristone and misoprostol are commonly used in medication abortions in the US, but they also have other important reproductive health care uses, such as treating miscarriages, inducing labour, and stopping haemorrhaging. The reclassification will make it harder for doctors to prescribe these medications, as they will need a specific license to do so, and the drugs will need to be stored in certain facilities, which may be far from rural clinics.

Supporters of the reclassification argue that it will protect expectant mothers from coerced abortions. However, doctors have warned that it will endanger the lives of women by restricting access to medications used to treat postpartum haemorrhage and other conditions. More than 200 doctors in the state signed a letter to lawmakers expressing concern that the reclassification could delay treatment and lead to worsening outcomes, particularly in a state with one of the highest maternal mortality rates in the country.

Louisiana already has a near-total abortion ban in place, which applies to both surgical and medical abortions. The reclassification of mifepristone and misoprostol as Schedule IV drugs is another step in the state's efforts to restrict abortion access.

Louisiana's abortion ban has been criticised for endangering women's lives

The ban has led to delays in prenatal care, with women being forced to wait until the second trimester of pregnancy to receive their first prenatal appointment. This delay can be harmful, especially for those at high risk of adverse maternal and infant health outcomes. The ban has also made it difficult for women to access time-sensitive treatments for conditions such as miscarriages and ectopic pregnancies.

Louisiana's abortion ban has also been criticised for disproportionately impacting historically marginalised communities, such as Black, Indigenous, and other people of colour, people with disabilities, and people living in rural areas. These communities already face structural discrimination and limited access to healthcare, and the abortion ban has only exacerbated these issues.

Furthermore, the ban has created a confusing and uncertain environment for both patients and clinicians, with many unsure of what information and treatments can be provided without violating the law. This has led to a breakdown in trust between patients and clinicians, as well as moral distress and injury among healthcare providers who are unable to provide the standard of care they were trained for.

The impact of the abortion ban extends beyond abortion care. It has been criticised for delaying access to prenatal care, miscarriage management, and treatment for ectopic pregnancies. The ban has also led to an increase in invasive surgeries, such as caesarean sections, instead of less complicated procedures, due to fears of legal repercussions.

Overall, Louisiana's abortion ban has been heavily criticised for endangering women's lives and wellbeing, restricting their access to essential healthcare services, and violating their human rights. The ban has disproportionately impacted marginalised communities and created a confusing and uncertain environment for both patients and healthcare providers.

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