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Lawsuit filed in Louisiana over Act 490

One of the consequences of Roe v. Wade was a public health vacuum that has not been filled for 37 years. The Court created the vacuum by eliminating the abortion laws of all 50 states, and then empowered abortionists to sue to prevent public health laws that would fill the vacuum.

The continuing impact of Roe in creating and perpetuating this public health vacuum was once again demonstrated in the past week when the Center for Reproductive Rights (CRR) filed suit in federal court against a new Louisiana clinic regulations law. The suit, filed September 21st, is Bossier City Medical Suite, Inc., et al, v. Greenstein.

The suit challenges Louisiana House Bill 1370, enacted recently as Act 490. It amends an existing health licensure law to add that health officials can deny, refuse to renew, or revoke an existing license, if an investigation determines that the clinic is in violation of any provision of the health law, or licensing rules, or any other federal or state law or regulation. This law apparently equally applies to any licensed health facility, but since it doesn’t exempt abortion clinics, the abortionists filed suit, which Roe empowered them to do.

The Court has not directly addressed the full scope of state authority to regulate abortion clinics, and has not touched on the subject for 25 years. Because of that gap in the law, this case might reach the Supreme Court in the next few years.