Louisiana Abortion Laws: Understanding The Current Landscape

Abortion laws in Louisiana have been the subject of much debate and change in recent years. In 2022, the state's governor signed a law criminalizing abortion providers, and in 2024, a further law was passed classifying abortion-inducing drugs as controlled substances. These laws have been met with opposition from abortion rights activists and medical professionals, who argue that they restrict access to essential healthcare and criminalize those seeking abortions. Louisiana's abortion laws are among the most restrictive in the country, with the state being one of four that forbid abortion access through their state constitution. The state has also been ranked low in terms of the health of women and children, with limited access to abortion clinics and high maternal mortality rates.

Louisiana's trigger ban on abortions

Louisiana has a history of strict abortion laws, with the state legislature passing several acts to restrict abortion access. In 2012, Louisiana banned abortions after 20 weeks, followed by a ban on abortions after 15 weeks in 2018, and after 6 weeks in 2019.

On June 19, 2006, then-Governor Kathleen Blanco signed a "trigger ban" on most forms of abortion, which would take effect if Roe v. Wade was overturned. This law included exceptions for threats to the life or permanent health of the mother but notably did not include exceptions for rape or incest. The law would criminalize the provision of abortion, allowing for the prosecution of anyone who performed or aided in performing an abortion, with penalties of up to 10 years in prison and a $100,000 fine.

In June 2022, the Supreme Court overturned Roe v. Wade, and Louisiana's trigger ban was set to take effect. However, a state court judge temporarily blocked the ban after a lawsuit was filed by the Center for Reproductive Rights, arguing that the law was unconstitutionally vague. This allowed Louisiana abortion clinics to resume providing care while the lawsuit was pending.

Louisiana's abortion pill classification

Louisiana has some of the strictest anti-abortion laws in the United States. In 2024, Governor Jeff Landry signed a law that classifies the abortion-inducing drugs mifepristone and misoprostol as Schedule IV controlled substances, the same category as some opioids and other addictive drugs. This reclassification means that it is a crime, punishable by up to five years in prison, to possess these drugs without a prescription from a specially licensed doctor.

Mifepristone and misoprostol are two common drugs used together to help manage miscarriages and terminate early pregnancies. Mifepristone, also known as RU-486, blocks the hormone progesterone, which is necessary for a healthy pregnancy. Misoprostol can induce labour, stop postpartum bleeding, and is also used for non-gynaecological issues like stomach ulcers.

Doctors and healthcare professionals have expressed concern that the reclassification of these drugs will cause delays in access that could be detrimental to women's health and even life-threatening. They argue that the law is not based on medical science but on efforts from anti-abortion advocates to restrict access to abortion medications in states with near-total bans, like Louisiana.

Under the new law, doctors and pharmacists can still prescribe the drugs in hospitals for postpartum haemorrhage and incomplete miscarriage, as long as they follow the state's legal requirements, such as keeping the medication in a locked cabinet. However, experts worry that the increased oversight and scrutiny of their use will deter doctors and pharmacists from prescribing and dispensing the medications.

The Louisiana Department of Health has stated that physicians will continue to have access to misoprostol in medical situations, including miscarriage management, induction of labour, management of postpartum haemorrhage, and more. They also clarified that hospitals do not need to remove misoprostol from emergency medical carts.

Louisiana Attorney General Liz Murrill has expressed full support for the reclassification, stating that the "intentional delivery of these drugs by organisations operating through the internet or other networks" is illegal and will be prosecuted. She also insists that the new law does not limit healthcare providers' ability to use, prescribe, or fill these medications for legitimate health purposes.

Louisiana's abortion access

Abortion access in Louisiana is extremely limited. In 2022, Governor John Bel Edwards signed a law criminalizing abortion providers, and the state began enforcing its trigger ban, prohibiting abortion at all stages of pregnancy. This ban includes civil and criminal penalties. Louisiana has also banned abortion pills, classifying them as controlled dangerous substances, with possession punishable by up to five years in prison.

Louisiana has only three clinics that provide abortions, and as of 2017, 94% of Louisiana parishes had no abortion clinic, with 72% of women living in a parish without access. The state has a history of restrictive abortion laws, with bans enacted as early as 2012, and it continues to impose more restrictions on abortion providers than almost any other state. These restrictions have led to a steady decline in the number of abortion clinics, with only three remaining in the state as of 2017.

The state's abortion laws have been challenged in court, with some measures temporarily blocked or overturned. However, the overall trend has been towards increasing restrictions and decreasing access to abortion services in Louisiana. The state also has a low ranking when it comes to the health of women and children, with maternal mortality on the rise.

The limited abortion access in Louisiana disproportionately affects people of color, poor people, and those living in rural areas. The majority of abortion patients in the state are women of color, and due to a lack of insurance coverage for abortion care, many are forced to choose between paying for an abortion and basic necessities. The distance to abortion clinics and mandatory delay laws further compound the challenges for those seeking abortions in Louisiana.

Louisiana's abortion law enforcement

Louisiana's abortion laws are among the most restrictive in the country. The state has a "trigger ban" in place, prohibiting abortion at all stages of pregnancy and including civil and criminal penalties. This ban was challenged in state court but remains in effect. Louisiana law also retains gestational bans at six weeks, fifteen weeks, twenty weeks, and post-viability. The state prohibits medication abortion and bans specific abortion procedures such as Dilation and Evacuation (D&E).

In terms of law enforcement, Louisiana has introduced several measures to restrict abortion access and prosecute those who perform or aid in abortions. The state has enacted targeted regulation of abortion providers (TRAP) laws, which include requirements related to facilities, admitting privileges, and reporting. Providers who violate these restrictions may face civil and criminal penalties.

In 2022, Louisiana passed a law criminalizing abortion providers, with penalties of up to 10 years imprisonment and a fine of $100,000. The state also has a law that creates a civil cause of action for abortion-related damages, including damage to the unborn child for up to ten years after the abortion. This law also bars the state's Patient's Compensation Fund from insuring against abortion-related claims.

In 2024, Louisiana further restricted abortion access by classifying the abortion-inducing drugs mifepristone and misoprostol as controlled substances. Possession of these medications without valid prescriptions is punishable by up to five years in prison. The state has also criminalized "coerced criminal abortion by means of fraud," making it punishable by up to 10 years in prison, or up to 20 years if the person is three months or more into a pregnancy.

Louisiana requires pregnant individuals seeking abortions to undergo a mandatory seventy-two-hour waiting period, biased counseling, and an ultrasound. The state also has restrictions on public funding and private insurance coverage for abortions. Additionally, rape and incest claims must be reported to law enforcement, and a parent, legal guardian, or judge's consent is required for a minor's abortion.

The enforcement of these laws has led to a significant decline in the number of abortion clinics in Louisiana, with only three clinics providing abortions as of 2017. The restrictions have particularly impacted people already facing barriers due to race, income, age, or gender identity.

Louisiana's abortion law history

The Early Landscape:

Before the 1970s, abortion laws in Louisiana, like in many other states, were centred on protecting the life of the mother due to the number of deaths caused by abortions. By the end of the 1800s, Louisiana notably lacked a therapeutic exception in its legislative ban on abortions. While there is evidence of some rogue doctors and midwives performing abortions in the US as far back as the 1850s, the first organised attempt to overturn state abortion bans came in 1957. A group of legal professionals proposed a "model penal code", suggesting abortion be legal when a woman's physical or mental health was at substantial risk or in cases of rape or incest.

The 1970s and Roe v. Wade:

In the late 1960s and early 1970s, several states adopted this model, and court decisions further invalidated previous statutes. The US Supreme Court's Roe v. Wade ruling in 1973 struck down all state laws regarding abortion as unconstitutional, legalising abortion on demand across the US. This decision catapulted the abortion debate to the forefront of American society, where it has remained ever since.

The 1980s and 1990s:

Following Roe v. Wade, pro-life advocates pursued various strategies to reduce abortions, recriminalise them, and overturn the 1973 ruling. While Roe was upheld in court decisions in 1989 (Webster v. Reproductive Health Services) and 1992 (Planned Parenthood v. Casey), state limitation laws were upheld as constitutional. A 1997 Louisiana law created civil liability for abortion-related damages, including to the unborn child for up to ten years. This law was intended to drive abortion providers out of practice.

The 2000s:

In the 2000s, Louisiana passed several restrictive abortion laws. In 2006, a "trigger ban" was enacted, prohibiting most forms of abortion except when the mother's life or permanent health was at risk. In 2007, Louisiana mandated ultrasounds before abortions, despite this serving no medical purpose. In 2011, the state introduced a bill to ban abortion in almost all cases, but it failed to pass. In 2013, the state's Targeted Regulation of Abortion Providers (TRAP) law was expanded to include private doctor offices. In 2014, Louisiana passed a law requiring a database of women who had abortions and further restricted abortion providers.

The 2010s and 2020s:

2019 was a pivotal year, with Louisiana and several other Republican-led states passing laws to restrict abortion access following the confirmation of US Supreme Court Judge Brett M. Kavanaugh. In 2020, Louisiana voters approved an amendment to the state constitution, removing any implication of a right to abortion. In 2022, Louisiana passed a law criminalising abortion providers, and abortion was effectively banned in the state following the overturning of Roe v. Wade. In 2023, efforts to add exceptions for rape and incest were defeated. In 2024, abortion-inducing drugs were classified as controlled substances.

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