Louisiana looks to expand liability for abortions, which could lead to more lawsuits
The Louisiana House of Representatives voted Wednesday to expand who can sue and be sued over abortions and to expand the definition of an illegal 'coerced abortion.'
The legislation comes as anti-abortion advocates seek to crack down on doctors who ship of abortion-inducing medication to states where abortion is illegal. In nearly all cases, abortion has been illegal in Louisiana since the U.S. Supreme Court overturned Roe v. Wade in June 2022.
House Bill 575 by Rep. Lauren Ventrella, R-Greenwell Springs, passed on a 59-29 vote. She has dubbed her proposal the 'Justice for Victims of Abortion Drug Dealers Act,' though it would apply to all forms of the procedure.
Ventrella's bill is supported by Attorney General Liz Murrill, who is currently prosecuting a case against a New York doctor accused of providing abortion-inducing medication to a minor in West Baton Rouge Parish. Gov. Kathy Hoschul has refused to extradite the doctor to Louisiana to face charges, citing New York's shield laws.
The doctor and the minor's mother were both indicted. Murrill has alleged the minor was coerced to take the medication, though her mother was not charged with this crime.
Current law allows the 'mother of the unborn child' to sue any person who performs an abortion, but Ventrella's bill adds her parents, the man who impregnated her and his parents as potential plaintiffs. They could sue anyone who causes or 'substantially facilitates' an abortion, regardless of whether the procedure was successful. The bill denies men the right to sue if the pregnancy was the result of rape, sexual assault or incest.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
The bill's opponents argued it could lead to lawsuits that violate the privacy of people alleged to have had an abortion.
'My fear is you're involving a lot of other people … Some women I've known, and I'm sure you've known, have had repetitive miscarriages through no fault of their own,' Rep. Stephanie Hilferty, R-New Orleans, said. 'The last thing I want is somebody bringing this saying, 'Well, there's no way there can be this many miscarriages,' and that's going to pull this woman and her medical records into a potential lawsuit.'
Ventrella said plaintiffs still have to meet the burden of proof.
'Frivolous lawsuits are taken care of on the front end,' she said.
Republican and Democratic legislators raised concerns about the procedural language of the proposal.
Rep. Brian Glorioso, R-Slidell, asked Ventrella to delay a vote on her bill to work out what he sees as potential kinks. The legislation would create absolute liability, which does not require proof of negligence or fault, he said. Most Louisiana lawsuits require plaintiffs to prove liability rather than the law assuming it, Glorioso said in an interview.
Glorioso said he would have supported the bill if Ventrella addressed some of the procedural concerns he has. He was absent from the House chamber when lawmakers voted on the bill, as were several other Republican lawmakers who were present for other votes Wednesday.
Rep. Mandie Landry, D-New Orleans, raised concerns that Ventrella's bill does not define 'cause,' which she said could lead to people being sued for loaning money for an abortion, driving someone to a clinic or other actions that support a person who has an abortion.
Ellie Schilling, an attorney who represented abortion providers before the state ban took effect, said that while the title of the bill includes the word 'unlawful,' it's the only time it appears in the bill. That would allow lawsuits to be brought against providers of legal abortions, she said.
While they are rare, Louisiana law does allow abortions when a doctor believes they are necessary to 'prevent the death or substantial risk of death' of a pregnant person.
In its original state, Ventrella's bill would have also allowed drug manufacturers to be sued, but she added amendments to the bill to exclude them. Abortion-inducing drugs, most commonly mifepristone and misoprostol, have a number of other uses, including for miscarriage management, treating postpartum hemorrhage and inducing labor.
Last year, lawmakers reclassified both drugs as controlled dangerous substances despite concerns from medical professionals it could make them more difficult to access in time-sensitive medical crises.
Ventrella's bill would allow a judge to award a minimum of $100,000 in damages if the defendant is not licensed to practice medicine in Louisiana, is not licensed to dispense medication in Louisiana or is a foreign company. Plaintiffs can also receive damages for emotional distress, court costs, attorneys fees and additional damages when the pregnant person is a minor.
House Bill 425 by Rep. Josh Carlson, R-Lafayette, passed on an 80-10 vote.
His measure would expand the definition of coerced abortion, which is currently defined in state law as the 'use or threatened use of force, control, or intimidation' against a pregnant woman to compel her to undergo an abortion against her will, regardless of whether the procedure has been attempted or completed.
Carlson's legislation originally sought to expand the definition of coerced abortion to include the pregnant person's actions, but it was substantially trimmed back in committee to add battery, assault, simple kidnapping, false imprisonment and extortion to the existing definition.
SUPPORT: YOU MAKE OUR WORK POSSIBLE
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
San Francisco Chronicle
28 minutes ago
- San Francisco Chronicle
Texas Democrats plea for donations to extend their walkout and block Trump's redistricting plan
After leaving Texas for Illinois to prevent a legislative vote on a Republican redistricting plan, state House Democratic leader Gene Wu needed a means to project his voice — and viewpoints — to a national audience. So he tapped his campaign account to buy a microphone for news conferences. When it came to covering the hefty hotel bill for Wu and his roughly 50 colleagues, the lawmaker said he relied on money from his chamber's Democratic Caucus. Now Texas Democrats are pleading for donations to help finance what could be a walkout of weeks — if not months — in a high-stakes attempt to prevent the Republican majority from passing a plan sought by President Donald Trump. The president is urging Texas and other GOP-controlled states to redraw their congressional districts to help Republicans maintain control of the U.S. House in next year's midterm elections. 'We're getting a lot of small-dollar donations,' Wu told The Associated Press, "and that's going to be used to help keep this thing going.' A political group led by Beto O'Rourke, a former Texas congressman who ran unsuccessfully for governor and Senate, gave money to the Texas House Democratic Caucus to help cover the up-front costs, according to a spokesperson for the group, Powered by People. O'Rourke this week has been holding events in red states to fire up Democrats and encourage donations. Powered by People has not disclosed how much it contributed. Texas Attorney General Ken Paxton, a Republican, said Wednesday he's launching an investigation into whether O'Rourke's group has committed bribery by a 'financial influence scheme' benefiting Democrats who left Texas. In response, O'Rourke said he would be undeterred by the threat of an investigation and used it as a fundraising opportunity. Lawmakers face travel costs and potentially huge fines By departing the state, Democratic lawmakers have prevented Republicans from obtaining the quorum needed to conduct business. Democrats hope to run out the clock on a special legislative session that ends Aug. 19. But Republican Gov. Greg Abbott could immediately call another session, raising the prospect of a prolonged and an expensive holdout. Not only could Texas Democrats face thousands of dollars in out-of-state lodging and dining costs, they also could eventually face fines of $500 for each day they are absent, which under House rules cannot be paid from their office budgets or political contributions. Texas has a part-time Legislature where lawmakers receive $600 a month, plus an additional $221 for expenses each day they are in session. On Wednesday, state Sen. Jose Menendez joined Democrats from other states at a rally in Boston, where he noted that the potential daily fine for quorum-breaking lawmakers is nearly as large as their entire monthly legislative salary. 'They need your prayers, they need your thoughts and they need you to get behind them,' he said. Some Democrats in the Texas Senate have traveled out of state this week to support their House colleagues, but lawmakers in that chamber are not leaving the state to hold up legislative business. 'This fight is for the people' Illinois Gov. JB Pritzker, a Democrat and billionaire, has welcomed the Texas lawmakers to his state but said he has not financially supported them. Texas state Rep. James Talarico, who has built a national following in recent weeks, said the lawmakers told Pritzker they didn't want him to fund their trip. 'We've already been inundated with donations from across the state of Texas, from across the country, just regular people donating $5, $10, $15,' Talarico said this week. 'And that's appropriate, because this fight is for the people and it should be funded by the people. We don't have billionaires who are funding this operation.' The House Democratic Caucus has set up a website seeking donations of between $25 and $2,500 — with a default amount of $250. Earlier this week, Abbott asked the state's highest court to remove Wu from office and ordered the Texas Rangers to investigate possible bribery charges related to how Democrats are paying for the walkout, alleging anyone who financially helped them could be culpable. Wu, a former prosecutor from Houston, said the bribery suggestion is 'monstrously stupid.' 'No member is leaving because they might get a campaign contribution that might restore some of the money that they're spending,' he said. How left-leaning groups are helping Before Democrats decided to leave Texas, Wu said he called potential allies for assurance 'that there would be resources that would come to our assistance.' But he said that's no different from an aspiring candidate asking others for support before officially launching a campaign. Wu, who is chair of the Texas House Democratic Caucus, said he has participated in online sessions with representatives of dozens of Democratic, progressive and redistricting-oriented groups. Not all are financial supporters. Some are providing help in other ways, such as by coordinating publicity. The Democratic National Committee has helped with communications and organizing, as well as providing help from a data analytics team, Chair Ken Martin said. Texas Democrats aren't worried that they'll be forced to return home in the near future because of a lack of money, said Luke Warford, founder of Agave Democratic Infrastructure Fund, a Texas fundraising and organizing group. He said longtime Democratic funders understand the high cost of competing in tougher U.S. House races if Republicans succeed in redrawing the map. "Of course having most of the delegation out of the state is going to rack up a bill,' Warford said. But "when you think about it in the context of what Donald Trump has to gain and what Democrats might lose in the short term, it's just not even close to the cost of trying to win back either these races or a bunch of other races in the country.' The Democratic lawmakers have been holed up at a hotel and conference center outside Chicago that was evacuated Wednesday after an unfounded bomb threat. Many lawmakers have been dining and meeting together, and are prepared to keep doing so. Democratic state Rep. John Bucy III, speaking by phone from the hotel, said he isn't concerned about how the costs ultimately get covered. 'There's too much at stake here to be worried about those things,' Bucy said. "Our hotel bills seem so minor compared to what we're trying to do — to protect democracy.'
UPI
an hour ago
- UPI
Texas AG to investigate O'Rourke-linked group amid map row
Texas has launched an investigation into Beto O'Rourke's Powered by People group in connection to Democrats who fled the state over the weekend. File Photo by Kevin Dietsch/UPI | License Photo Aug. 6 (UPI) -- Texas Attorney General Ken Paxton on Wednesday launched an investigation into potential Democratic presidential candidate Beto O'Rourke over allegations that he "bribed" Democratic state lawmakers who fled the Lone Star State to prevent Republicans from passing GOP-favorable congressional maps that critics say strip power from voters of color. Paxton announced the investigation amid a deepening row between the state's Democrats and Republicans. The state's minority Democrats fled Texas over the weekend to deny Republicans the quorum needed to certify the controversial maps. The state's Republican leadership has responded with threats of arrest and to vacate their congressional seats if they don't return by Friday, as well as investigations into anyone who solicits funds to support their effort. Paxton said Wednesday that he is investigating the O'Rourke-led Powered by People, which is reportedly covering the costs of Texas Democrats who fled the state. He also said the Powered by People group may have violated bribery laws and state laws, such as those governing campaign or officeholder contributions and expenditures, coercion of a public servant and abuse of office. "Any Democrat coward breaking the law by taking a Beto Bribe will be held accountable," Paxton said in a statement announcing the investigation. "These jet-setting runaways have already lost public trust by abandoning our state, and Texans deserve to know if they received illegal bribes to do it." The new maps, if certified, are expected to give Republicans five additional seats in the U.S. House of Representatives ahead of next year's midterm elections. Critics and Democrats argue that the maps draw lines that dilute the voting power of Latino and Black people, while serving as a power grab by President Donald Trump through rigging the GOP representation in the House. Democrats have widely supported their Texan colleagues' actions to prevent quorum. Republicans have viewed the move as a shirking from their responsibilities. O'Rourke has been traveling throughout several swing states, including Missouri, Wisconsin, Indianapolis, Nebraska and others, trying to generate grassroots support for the Texas Democrats. In response to the investigation, O'Rourke accused Paxton of hypocrisy. "The guy impeached for bribery is going after the folks trying to stop the theft of five congressional seats," he said on X. Paxton was impeached by the state House but was acquitted of all corruption charges by the Senate. The Republican attorney general has vowed that he will seek "aggressive legal action" against any Democrat who is not present at the House on Friday, while Abbott has called for their arrests.
Yahoo
2 hours ago
- Yahoo
Senate leaving Russia sanctions power fully in Trump's hands
Republican senators are getting ready to leave Washington without advancing a major sanctions bill against Russia, giving President Trump sole discretion over whether to follow through on his threats against Russian President Vladimir Putin if he refuses to halt his war against Ukraine. Trump has given an Aug. 8 deadline for Putin to stop fighting or risk tariffs on countries that import Russian oil. As a preview, he announced 25 percent tariffs on India, a major importer of Russian energy. That's far below the 500 percent secondary tariff power Congress laid out in draft legislation. While Senate Ukraine hawks wanted to see their sanctions bill pass before the monthlong break, they ultimately left the decision entirely in Trump's hands, at least for the summer. 'I think he's going to be very careful about what he does,' Sen. Mike Rounds (R-S.D.) said when asked by The Hill if Trump can be trusted to impose costs on Putin. 'But I think he is clearly disappointed in Putin and I think he is now coming around to recognizing that many of us were right.' Democrats have expressed skepticism Trump will punish Putin, even as the president has shown increasing frustration with the Russian leader's refusal to accept a ceasefire. Trump said Friday he ordered nuclear submarines to the region in response to threats of nuclear weapons use from Dmitry Medvedev, the former Russian president, current deputy chair of the security council and frequent online provocateur. 'Words are very important, and can often lead to unintended consequences, I hope this will not be one of those instances,' Trump posted on his social media site Truth Social. Trump told reporters Thursday that his special envoy for peace missions, Steve Witkoff, is expected to travel to Russia following a visit to Israel on Friday. Trump described Russia's ongoing attacks against Ukraine as 'disgusting.' 'We have about eight days. … We're going to put sanctions,' he said. Even as Trump has shortened the deadline for Russia to get serious about peace talks, the president is hedging on the impact U.S. financial penalties will have on Putin's country. 'I don't know that sanctions bother him. You know? They know about sanctions. I know better than anybody about sanctions, and tariffs and everything else. I don't know if that has any effect. But we're going to do it.' While the U.S. has steadily ramped up sanctions on Russia throughout the war, the Senate bill would have marked a major economic escalation, seeking to isolate Moscow from trading partners that have kept its wartime economy afloat. 'Maintaining pressure on Russia economically, and going after its oil revenues in particular, remain crucial to containing and limiting Russia's current and future military and foreign policy options,' experts with the Center for Strategic and International Studies wrote in a report late last month. Steep tariffs on Russia's trading partners would also risk shocks to the global energy market and further strain on U.S. relations with major economies such as India, China and Brazil. Sen. James Risch (R-Idaho), chair of the Senate Foreign Relations Committee, said deciding which sanctions are imposed — if Russia passes Trump's deadline — 'are a work in progress,' speaking with The Hill on Friday. Sen. Richard Blumenthal (D-Conn.), coauthor of the Russia sanctions bill with Sen. Lindsey Graham (R-S.C.), said he would view it as a win if Trump imposed even a fifth of what the Senate was proposing. 'We propose in our bill 500 percent. If it's 250 percent, I could live with it. Even if it's 100 percent, possibly. But you ought to impose bone-crushing sanctions that will stop them from fueling Russia's war machine,' Blumenthal said. The Connecticut senator said even as he holds out hope for Trump to give Senate Majority Leader John Thune (R-S.D.) the green light to bring the sanctions bill to the floor, the bill has already moved U.S. policy. 'It has given credibility and momentum to the idea of sanctions so that now, even President Trump, who was seemingly Putin's best buddy, is giving him deadlines to stop the war or face sanctions,' he said. Sen. Jeanne Shaheen (D-N.H.), ranking member of the Senate Foreign Relations Committee, pointed to Trump's 25 percent tariffs on India as further evidence of this impact. Indian state oil refiners have already moved to pause imports of Russian oil, with the tariff set to go into effect Aug. 7. 'Clearly, India was paying attention to that. I think it's positive progress that the president is looking at ways in which he can put more pressure on Russia,' she said. Graham said Trump has 'adopted the theory of the case' — going after countries that purchase Russian oil and don't help Ukraine. 'He can do it through executive action, or with the bill,' he said. 'I think the bill, as you say, gives him leverage, and we're in good discussions, so stay tuned.' But some Republican senators pointed to a missed opportunity in adjourning before a vote on the Graham-Blumenthal bill. 'I don't think there are enough sanctions we can place on Russia. I think we should keep hammering them and make sure Ukraine's armed,' said Sen. Pete Ricketts (Neb.), the No. 2 Republican on the Senate Foreign Relations Committee. Rounds told The Hill he believed the time is now to put the sanctions bill on the floor. Sen. Steve Daines (R-Mont.), chair of the Senate Foreign Relations subcommittee on Europe and Regional Security Cooperation, said he wanted a Senate vote on the sanctions package so the House could be ready to take it up when they come back in September. 'I think having that tool in your tool chest, ready to go, would be a good thing and keep the pressure on Russia,' he said. 'I think it gives [Trump] more leverage. You can always hold it ready to go, send it over to the House if needed and then to the president's desk. I think that's not a bad strategy.' Sen. John Curtis (R-Utah), also a member of the Senate Foreign Relations Committee, agreed. 'I think that's why it's important for us to have this teed up and ready — it gives [Trump] an option, and the more options he has the better,' he said. Sen. Roger Wicker (R-Miss.), chair of the Senate Armed Services Committee, told The Hill on Wednesday that Thune was 'absolutely aware' of his desire to vote on the Russia sanctions bill before the August recess. 'I certainly think it would be an excellent thing to do.' Thune's office told The Hill on Friday it had no scheduling announcements related to the Graham-Blumenthal bill. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
