Two State Court Rulings Increase Legal, Financial Threats to Abortion Providers

December 2, 2002

by NOW Staff

Two recent court rulings in Louisiana and New Jersey illustrate anti-abortion extremists’ strategy of using civil law to undermine Roe v. Wade by discouraging doctors from providing abortions.

On Nov. 1, the Louisiana State Supreme Court let stand a state law that imposes unlimited civil damages on any doctor who performs an abortion.

A few days earlier, a New Jersey appeals court found that a woman could sue a doctor for wrongful death and emotional distress because he didn't describe her 7-8 week-old fetus as a "complete, separate, unique and irreplaceable human being" before performing a medically necessary abortion. The woman's attorney contends she would not have consented to the abortion had the doctor described the fetus this way before performing the procedure. The case will go to trial next year.

Reproductive rights advocates say both cases have deeply troubling implications. In each, the court essentially opened the door for abusive lawsuits against doctors who provide abortion services. These are not malpractice lawsuits — they seek to hold doctors liable simply for performing the abortion procedure, even when the woman has given informed consent and the procedure is performed flawlessly.

"Anti-abortion extremists' strategy is to use the courts as pawns, creating an environment in which doctors won't provide abortions because of the constant threat of multi-million dollar damage awards," said NOW President Kim Gandy. "In order to weaken Roe, they create an atmosphere of fear. They know doctors can't afford to defend themselves against a constant stream of lawsuits, however groundless those suits may be."

For more information:
Flying Under the Radar: Louisiana's New "Stealth Abortion Law"