Latest news with #HouseBill575
Yahoo
15-05-2025
- Health
- Yahoo
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 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
Yahoo
14-05-2025
- Politics
- Yahoo
Louisiana investigating second abortion pill case against New York doctor
Louisiana's attorney general is investigating a second case involving New York doctor Margaret Carpenter after she allegedly prescribed and mailed abortion medication to another woman in the state, this time located in the city of Shreveport. The Shreveport woman was 20 weeks pregnant when she took the abortion medication and subsequently went into labor, Attorney General Liz Murrill said during a testimony for an anti-abortion bill in the state's House Civil Law and Procedure Committee on Monday. 'She and her boyfriend, after she gave birth, took the baby, wrapped it in a towel, and threw it in a garbage can,' she said. The couple went to the hospital and were told to retrieve the baby, which the boyfriend did, Murrill said, adding that local law enforcement is also investigating the incident. Medication abortions typically involve consuming a combination of the drugs mifepristone and misoprostol and are recommended up until 10 weeks of pregnancy. Afterwards, health care providers recommend that those wishing to terminate a pregnancy undergo a surgical abortion. Murrill did not say why she believes it was Carpenter who mailed the abortion medication to the woman in Shreveport. Murrill's office did not immediately respond to questions from The Hill nor did Carpenter. A Louisiana grand jury indicted Carpenter in January for violating a state law after she allegedly prescribed abortion medication to a woman in the state who then gave it to her teenage daughter. State law enforcement issued an arrest warrant for Carpenter, and she was charged with criminal abortion by means of abortion inducing drugs. Louisiana Governor Jeff Landry issued an extradition request for Carpenter, who co-founded the Abortion Coalition for Telemedicine. Texas Attorney General Ken Paxton also sued Carpenter last year for allegedly prescribing and mailing abortion pills to a woman in the state. New York Governor Kathy Hochul rejected Landry's extradition request, vowing to protect the doctor and never sign an extradition request from the state. New York is one of about eight blue states that after the 2022 overturning of Roe v. Wade have enacted an abortion 'shield law' to protect abortion providers regardless of the location of their patients. The newly introduced bill in Louisiana would make it easier for the state to punish abortion providers who send medication in the mail. House Bill 575 would allow Louisianans to sue any person or entity that 'causes or substantially facilitates an abortion.' Under the bill, people can sue even if the attempted medication abortion does not end the pregnancy. 'It is another mechanism, it is another tool in the toolbox for people who are harmed by somebody who is intent on violating our laws,' said Murrill. 'We're not going to stop trying to extradite her and prosecute her for the crimes that she's committing in our state,' she added, referring to Carpenter. Hochul doubled down Tuesday on her commitment to protect Carpenter against further cases from Louisiana. 'Anti-choice zealots can file as many cases as they want. In New York, we protect our providers,' the governor posted to the social media platform X. 'Let me be clear: we will never comply with Louisiana's extradition request. Not now, not ever.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Hill
13-05-2025
- Politics
- The Hill
Louisiana investigating second abortion pill case against New York doctor
Louisiana's attorney general is investigating a second case involving New York doctor Margaret Carpenter after she allegedly prescribed and mailed abortion medication to another woman in the state, this time located in the city of Shreveport. The Shreveport woman was 20 weeks pregnant when she took the abortion medication and subsequently went into labor, Attorney General Liz Murrill said during a testimony for an anti-abortion bill in the state's House Civil Law and Procedure Committee on Monday. 'She and her boyfriend, after she gave birth, took the baby, wrapped it in a towel, and threw it in a garbage can,' she said. The couple went to the hospital and were told to retrieve the baby, which the boyfriend did, Murrill said, adding that local law enforcement is also investigating the incident. Medication abortions typically involve consuming a combination of the drugs mifepristone and misoprostol and are recommended up until 10 weeks of pregnancy. Afterwards, health care providers recommend that those wishing to terminate a pregnancy undergo a surgical abortion. Murrill did not say why she believes it was Carpenter who mailed the abortion medication to the woman in Shreveport. Murrill's office did not immediately respond to questions from The Hill nor did Carpenter. A Louisiana grand jury indicted Carpenter in January for violating a state law after she allegedly prescribed abortion medication to a woman in the state who then gave it to her teenage daughter. State law enforcement issued an arrest warrant for Carpenter, and she was charged with criminal abortion by means of abortion inducing drugs. Louisiana Governor Jeff Landry issued an extradition request for Carpenter, who co-founded the Abortion Coalition for Telemedicine. Texas Attorney General Ken Paxton also sued Carpenter last year for allegedly prescribing and mailing abortion pills to a woman in the state. New York Governor Kathy Hochul rejected Landry's extradition request, vowing to protect the doctor and never sign an extradition request from the state. New York is one of about eight blue states that after the 2022 overturning of Roe v. Wade have enacted an abortion 'shield law' to protect abortion providers regardless of the location of their patients. The newly introduced bill in Louisiana would make it easier for the state to punish abortion providers who send medication in the mail. House Bill 575 would allow Louisianans to sue any person or entity that 'causes or substantially facilitates an abortion.' Under the bill, people can sue even if the attempted medication abortion does not end the pregnancy. 'It is another mechanism, it is another tool in the toolbox for people who are harmed by somebody who is intent on violating our laws,' said Murrill. 'We're not going to stop trying to extradite her and prosecute her for the crimes that she's committing in our state,' she added, referring to Carpenter. Hochul doubled down Tuesday on her commitment to protect Carpenter against further cases from Louisiana. 'Anti-choice zealots can file as many cases as they want. In New York, we protect our providers,' the governor posted to the social media platform X. 'Let me be clear: we will never comply with Louisiana's extradition request. Not now, not ever.'
Yahoo
13-03-2025
- Health
- Yahoo
Court strikes down bills that placed ‘unnecessary' hurdles to abortion
Gov. Greg Gianforte claps before signing five abortion laws on May 3, 2023. (Photo by Nicole Girten/Daily Montanan) A state district court judge has ruled that two bills which would make abortions more complicated or illegal in Montana are unconstitutional and has ordered them stricken from the books. The bills were both passed by the Montana Legislature in 2023, which had a supermajority of Republican lawmakers. The bills were signed by Gov. Greg Gianforte and touted as a part of protecting families and uplifting 'pro-life' policies. Planned Parenthood of Montana challenged the two bills, led by attorney Raph Graybill. House Bill 575 would have forced physicians or physician assistants to make a 'determination of viability' in writing, and would have required an ultrasound before any abortion procedure. House Bill 721 would have prohibited 'surgical abortion' which includes the 'dilation and evacuation' procedure except in cases of medical emergency. Currently, providers in the state offer this option through 21 weeks and six days. No Montana provider currently offers third-trimester abortions, and the procedure is allowed in the state until the point of fetal viability except in cases where it's medically necessary or to protect the life of the mother. Even though Montana voters overwhelmingly approved protecting the right to access abortion by passing Constitutional Amendment 118 in November, Lewis and Clark County District Court Judge Mike Menahan said that well established case law in Montana has 'consistently reaffirmed this 'fundamental right to access abortion care.'' Quoting from the landmark 1999 case, Armstrong vs. State of Montana, Menahan said, 'The Legislature may only restrict the 'right of choice in making personal healthcare decisions and in exercising personal autonomy to preserve the safety, health and welfare of a particular class of patients or the general public from a medically acknowledged bona fide health risk.' The state justified the law by arguing requiring an additional ultrasound to the procedure placed a minimal burden on pregnant women because ultrasound technology is so common. Menahan rejected that argument, saying the process wasn't medically justified or, in many cases, is not practical. 'This argument does not overcome plaintiffs' contention the statute creates an additionally medically unnecessary barrier to abortion care,' the court ruling said. Meanwhile, Menahan said there are plenty of reasons that Planned Parenthood presented as to why the new regulations, including in-person visits or other health concerns, could block access as well as put the patient's life at risk. 'Plaintiffs have also provided evidence of patients unable to attend in-person appointments for other reasons including financial circumstances, disabilities or the risk experiencing intimate partner violence,' Menahan said. Even though the state argued that such new restrictions, like an in-person visit, are minimal, the court viewed the additional requirements differently. 'It is not enough for the state to argue the restriction is a minor one,' the order said. 'Under a strict-scrutiny analysis, the state must demonstrate HB 575 is narrowly tailored to address 'a medically acknowledged, bona fide health risk, clearly and convincingly demonstrated.'' Menahan raised additional concerns about HB 721 because it bans the dilation-and-evacuation method of abortion unless it is being used for an emergency medical situation. That would mean that abortion through medication would be the only allowable method, but HB 721 would create a 'pre-viability' loophole in state law. Current Montana law, which has been in place since at least the Armstrong ruling, said the state cannot restrict the practice up to the point of fetal viability, usually considered around 22 weeks. However, since medication abortions can only be done up to 15 weeks after the woman's last menstrual cycle, HB 721 would effectively create a ban on abortions between 15 and 22 weeks when the procedure is done surgically. HB 721 would also impose felony criminal penalties, including a fine or imprisonment of as long as 10 years. 'The state argues HB 721's ban on D&E procedures is necessary to prevent 'psychological risks to the pregnant woman' because D&E 'has been shown to lead to serious mental health issues,'' the court said. 'However, the state's argument in support of HB 721's ban on D&E procedures is fatally flawed because the state's purported evidence is largely unrelated to D&E procedures specifically.' Menahan said that the research the state cited as evidence doesn't show the procedure has 'greater negative psychological outcomes' than the other methods. 'Politicians have been desperate in their attempts to ban abortion, and while Montana has strong legal protections, their attempts cause confuse and chaos for patients,' said Martha Fuller, President and CEO of Planned Parenthood Montana.
