It was brilliant construction and strategy, but there’s no reason for the Louisiana Legislature to rush to special session, or even wait and do it during the 2022 regular session, to implement a potentially life-saving law like the Texas Heartbeat Act.
The law prevents, except for cases of medical emergency, abortion of a fetus with a detectable heartbeat, often in as few as six weeks after gestation. However, state officials can’t enforce it. Instead, in state court any private citizen may engage in a civil action against an offending abortion provider, with damages of at least $10,000 an incident plus fees against those aiding and abetting in the act, but not against the female undergoing termination of the human life inside her.
Passage of the law basically set a trap for anti-life special interests. Because the matter goes to state court, it allows for a much broader assignment of standing. And as it doesn’t involve the state, no government officials may be enjoined in executing the law. Essentially, it makes abortion mills police themselves. And when the law took effect Sep. 1, that’s what those in Texas did by turning away clients.