Recent Development by Jennifer L. Achilles
Charging that the state government had unconstitutionally entered the emotionally charged abortion debate, six plaintiffs recently filed a lawsuit challenging a Louisiana statute authorizing the state to issue plates bearing the words “Choose Life.” Specifically, the plaintiffs sought “a declaration that section 47:463.61 of the Louisiana Revised Statutes was unconstitutional and an injunction prohibiting its enforcement.” Under the statute, a “Choose Life” Advisory Council (Council), comprised of representatives from three “pro-life” organizations, would design the license plate and recommend which organizations should receive the funds generated from the sale of the plates. The state, in turn, would distribute the revenue only to tax-exempt organizations that provide adoption counseling to pregnant women or place infants with adoptive parents. Organizations that counsel, refer, or provide abortion services would be disqualified from receiving funds generated by the “Choose Life” plates.
The plaintiffs filed suit in the United States District Court for the Eastern District of Louisiana, alleging the statute interfered with their right to free speech, violated the Establishment Clause of the United States Constitution, and denied them their right to due process. Although the district court found that the plaintiffs would not likely succeed in showing the statute constituted an impermissible establishment of religion, the court issued a preliminary injunction with respect to the plaintiffs' free speech claim. The district court concluded that the state was engaging in viewpoint discrimination by adopting the “Choose Life” message as its own in a nonpublic forum. The defendants appealed from the district court's order granting a preliminary injunction. Without reaching the merits of the constitutional claim, the United States Court of Appeals for the Fifth Circuit reversed the judgment of the district court and held that none of the plaintiffs had standing to challenge the constitutionality of section 47:463.61. Henderson v. Stalder, 287 F.3d 374, 382 (5th Cir. 2002).
About the Author
Jennifer L. Achilles.
Citation
77 Tul. L. Rev. 789 (2003)