Louisiana 15-Week Abortion Ban (SB 181)

SB 181 prohibits a physician from performing an abortion after 15 weeks gestational age, except in the case of a medical emergency.

Anyone who performs an abortion in violation of this provision would face up to two years in prison and/or a $1,000 fine.

The bill provides that, if passed, the law would become effective upon any final decision of the United States Court of Appeals for the Fifth Circuit upholding the Act that originated as HB 1510 of the 2018 Regular Session of the Mississippi Legislature, which decision would thereby provide the authority for a state within the jurisdiction of that court of appeals to restrict abortion past 15 weeks of gestational age.

Trigger Law

The law states that it would be repealed in favor of the state’s anti-abortion trigger law, where abortion in the state of Louisiana would be prohibited immediately upon a decision by the U.S. Supreme Court upholding the authority of states to prohibit elective abortions or by the adoption of an amendment to the U.S. Constitution that would restore the state’s authority to prohibit elective abortions.

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Related Legislation

This is the second bill introduced specifically prohibiting abortions after 15 weeks. The first was introduced in Mississippi (HB 1510/SB 2905). It is the first step of a new effort by Alliance Defending Freedom to “eradicate Roe” and pass laws banning abortions at the state level.

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STATUS

Passed the senate on April 24, 2018, by a 31-3 vote.

Passed the house with amendments on May 15, 2018, by an 81-9 vote.

Concurred in the senate on May 16, 2018, by a 24-1 vote.

Signed by Gov. John Bel Edwards (D).

Update #1

On November 20, 2018, U.S. District Court Judge Carlton Reeves permanently blocked Mississippi’s 15-week ban ruling the law is an unconstitutional ban on abortion prior to viability. This means SB 181 will not take effect.

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People

Organizations

• Alliance Defending Freedom — Drafted Model Law