Schaerr l Jaffe Gets Abortion Case Dismissed Against State of Louisiana

On July 29, 2020, Schaerr l Jaffe LLP secured a dismissal in a case brought by abortion providers against the Secretary of the Louisiana Department of Health.

In 2017, several Louisiana abortion providers challenged the entire structure of health and safety regulations applicable to the state’s abortion clinics – right down to the requirement that abortion providers use sterile instruments – plus laws ensuring the qualifications of abortion providers and the informed consent of abortion patients. The case was the first in a series of lawsuits challenging the “cumulative effects” of abortion regulations in several states. The plaintiffs were represented by a New York law firm and a large pro-abortion non-profit organization.

The Schaerr l Jaffe team, led by partner Stephen Schwartz, assisted Louisiana in opposing that novel legal claim. Last year the U.S. Court of Appeals for the Fifth Circuit ruled that the plaintiffs had failed to set out a legally adequate claim, and the case was stayed. Instead of pursuing the case further, Plaintiffs voluntarily dismissed their claims last week. Because of Louisiana’s legal victories, the plaintiffs obtained no documents from Louisiana, and deposed no state officers.