State legislative committee rejects bill to shield pregnancy outcomes from lawsuits, criminal consequences

By Greg LaRose
Contributing Writer

(lailluminator.com) — A Louisiana House committee voted down a bill Monday that would have protected patients and medical professionals from lawsuits and criminal consequences if a pregnancy doesn’t result in a live birth.

Opponents of House Bill 226 said it’s unnecessary because existing law already shields someone who is pregnant from being arrested for an abortion.

The proposal’s sponsor, Rep. Mandie Landry, D-New Orleans, cited civil court cases in Texas and Alabama that involved “disgruntled exes” who sued their pregnant former partners upon learning their pregnancies had ended. Ambiguity in existing law has some healthcare providers concerned they could be held liable or criminally responsible for a medically necessary abortion, she said.

The only exceptions to Louisiana’s strict abortion ban are when the pregnancy threatens the life of the mother or when the fetus is not expected to survive.

Dr. Ashley Saucier, an emergency medicine practitioner, appeared in support of Landry’s bill. She told the House Committee on Civil Law and Procedure that doctors in an emergency setting cannot distinguish between a medically-terminated pregnancy and one that’s spontaneous, such as a miscarriage.

“They present the same” in terms of bleeding, Saucier said.

Rep. Julie Emerson, R-Carencro, questioned whether Landry’s bill was needed given prohibitions already in state law. Emerson carried legislation last year from Sen. Katrina Jackson, D-Monroe, in the House that increased the penalties for abortion providers. They can now face one to 10 years in prison and fines from $10,000 to $100,000.

Since the U.S. Supreme Court overturned Roe v. Wade last year, anecdotal reports from Pregnancy Justice indicate some 2,000 people have been arrested for abortion-related charges, Landry said.

As for civil consequences, Landry, a lawyer who has represented abortion clinics, said such cases face long odds. But the mere filing of a lawsuit can create financial and health burdens for someone who’s pregnancy has just ended, she added.

“I don’t think it could happen,” Landry said regarding a successful lawsuit, “but there is a fear that it could.”

The risk of consequences will increase if courts decide to reverse federal approval for the abortion drug mifepristone, Landry said.

Louisiana is among the states to have banned the mailing of abortion medication, and the U.S. 5th Circuit Court of Appeals will review a Texas case next week that seeks to roll back Food and Drug Administration approval for mifepristone.

This article originally published in the May 15, 2023 print edition of The Louisiana Weekly newspaper.