Louisiana abortion ban advances in state legislature

The boldness of the South Dakota legislature spreads to Bayou Country.

The Louisiana House of Representatives has approved a bill that would outlaw most abortions in the state. The measure goes now to the floor of the state senate for debate.

Senate Bill 33, by State Senator Ben Nevers would make abortion illegal except to save the life of the mother. However, even if it is approved by the legislature and signed into law by the governor, the measure contains what is, in effect, a time-release mechanism. The law would not take effect until such time as the United States Supreme Court overturns Roe v. Wade.

As the story in the Baton Rouge Advocate illustrates, Louisiana's abortion opponents are so excited about that prospect, they want to be able to hit the ground running.

Louisiana has not had an abortion law since 1992, when the U.S. Supreme Court struck it down as unconstitutional, Nevers said. That law attempted to outlaw abortions except to save the life of the mother or if rape or incest caused the pregnancy.

“If Roe v. Wade is overturned … Louisiana would not have a law on the books to protect the unborn child,” Nevers said. He said he wants a law that would trigger if that happens.

There were 11,000 abortions in Louisiana last year, Nevers said.

Senate Bill 33 would outlaw abortion in Louisiana with only one exception — to save the life of the mother.

It is patterned after a recently approved South Dakota law that is expected to be challenged all the way to the U.S. Supreme Court. Anti-abortion advocates hope two new justices on the high court might help overturn Roe v. Wade.

The bill would punish doctors who performed abortions with up to 10 years in prison and fines up to $100,000. Women who received abortions would not be punished.

Perhaps the delayed activation is designed to keep Louisiana from having to defend the law against a legal challenge, pending a Supreme Court decision on Roe. Lawmakers have in the past taken a "damn the torpedoes" approach to legislation favored by social conservatives, such as abortion bans and school prayer laws. Even in the face of certain litigation, the Louisiana legislature has often been willing to approve measures that involve issues of settled law. Lawmakers have been stung by criticism that such actions have been irresponsible and costly.

Governor Kathleen Blanco gave no indication as to whether she would sign such a bill. The governor is known as a pro-life Democrat, by no means a rarity in Louisiana. One Democratic state senator from New Orleans argued strongly against SB 33 because of the bill's exception to save the life of the mother.