For Immediate Release: August 19, 2010

Contact: Benjamin Clapper  504-228-4273 | bclapper@prolifelouisiana.org

New Orleans, LA - A Temporary Restraining Order entered against the Louisiana "Ultrasound Before Abortion Act" at the request of the Center for Reproductive Rights has been nullified by order of a federal court judge.  The "Ultrasound Before Abortion Act", championed from the beginning with the assistance of the Louisiana Right to Life Federation, now goes into effect in Louisiana.

Benjamin Clapper, Executive Director of the Louisiana Right to Life Federation, issued the following statement today, "As we expected, the baseless lawsuit promoted by the Louisiana abortion industry to temporarily stall our 'Ultrasound Before Abortion Act' has been cleared up.  This life-saving piece of legislation will now go into effect in abortion facilities across Louisiana."

Clapper continued, "For the first time in Louisiana's history, abortionists will be required to offer women seeking abortion the opportunity to see the ultrasound image, hear a description of the image, and receive a print-out of the ultrasound.  We look forward to seeing the positive results of this legislation in our state."

"We thank Louisiana Attorney General Buddy Caldwell and his staff for being committed to defending this legislation, and we appreciate our friends at the Bioethics Defense Fund for proving the pro bono legal advice to the Attorney General on behalf of Senator Sharon Weston Broome," Clapper finished.

The following legal description of the details of the case are taken from the Bioethics Defense Fund:

"The abortion clinic's claims for declaratory and injunctive relief were dismissed with prejudice, and the federal court judge ordered that the abortion clinics were not entitled to attorney fees.
 
The court's order was based on a Joint Stipulation filed by all parties specifying that Louisiana's newly enacted ultrasound law requires, among other things, that the person performing the mandatory pre-abortion ultrasound must read a script offering the woman the option to receive an ultrasound print, and that the law does not require the provider to compel the woman to accept the photo.
 
The law also requires Louisiana abortion clinics to provide the woman with a list of facilities that provide ultrasound services free of charge at least 24-hours before a scheduled abortion.  The Joint Stipulation provided that this provision will be enforced only after the abortion clinics receive the list, which is in the process of being prepared and distributed by the Louisiana Department of Health and Hospitals.
 
In his order dated August 18, 2010, U.S. District Judge Ralph Tyson of the Middle District of Louisiana dismissed the Louisiana officials named as defendants, including Attorney General James D. Caldwell, Interim Secretary Tony Keck of the Department of Health and Hospitals, and several officials referred to as the "Medical Board Defendants." "