BATON ROUGE, LA – Attorney
General Jeff Landry is leading a coalition of 24 states in an amicus brief
supporting Alabama’s urging of the 11th Circuit to reverse the district
court’s injunction on the dismemberment abortion ban passed by the Alabama legislature
in 2016.
“While abortions are constitutionally protected, the
access to a particular abortion method, such as dismemberment, is not,” said
General Landry. “The law prohibits animals or death row inmates from being killed
by dismemberment, and the same protection should be provided for a defenseless
unborn child."
States, like Alabama and Louisiana, can vindicate their
interest in promoting respect for human life by passing laws ensuring abortion
methods are consistent with that respect.
Louisiana's similar dismemberment law is currently in litigation. Solicitor General Liz Murrill will defend the law in a case currently before Judge Brian Jackson in the Middle District of Louisiana.
Last year, General Landry led a 22 state effort
supporting Alabama’s challenged law banning dismemberment abortions arguing
that the court challenging the law applied the wrong legal standard. Since
then, the court has presented additional fact findings and analysis relative to
whether the law at issue created an undue burden. A law presenting an undue
burden on a fundamental right would be considered unconstitutional.
The Supreme Court has held that States have an interest
in fostering respect for human life, including life for the unborn. Therefore,
it is unquestionable that abortion by dismemberment compromises respect for
life and the medical profession’s ethics.
“States have made clear their interest in respecting and
protecting unborn life,” said General Landry. “Furthermore, states have the
power to regulate medical professionals in matters related to medical
ethics."
Louisiana was joined in this brief by AG’s from Arizona,
Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Michigan, Missouri,
Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota,
Texas, Utah, West Virginia, and Wisconsin; and by Governors from Kentucky,
Maine, and Mississippi.
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