Supreme Court won't stay ruling on Louisiana 'Choose Life' plates

By The Associated Press

10.02.02

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The U.S. Supreme Court yesterday refused to stay a ruling allowing Louisiana to sell "Choose Life" license plates.

Abortion-rights activists had wanted the state banned from distributing the plates until their appeal could be filed with the high court. The Court turned down the request without comment.

Within hours, the Center for Reproductive Law and Policy returned to the Court with another request for an order that would stop any sales until the case is argued on its merits.

There was no immediate word from the high court, and it was unclear when the plates would go on sale.

Michelle Rayburn, spokeswoman for the Office of Motor Vehicles, said the agency could do nothing until it got word from the office's legal section, which had not received anything regarding the case.

Asked if the agency could start selling the plates once it gets the OK from its lawyers, Rayburn said, "It's not that simple." She declined further comment until after she had a chance to talk with agency lawyers.

U.S. District Judge Stanwood Duval Jr. of New Orleans ruled in August 2000 that the plate amounted to viewpoint discrimination because it "restricts the forum to only one view — that being the view of the state."

But in March, a three-judge panel of the 5th U.S. Circuit Court of Appeals dismissed the case, ruling that abortion-rights supporters lacked standing to file suit. The appeals court panel also said blocking the plate from circulation would not give opponents a place to express their views.

In August, the full 5th Circuit refused to consider the decision. Last week, the court refused to stay its ruling while abortion-rights activists appeal the case to the high court, The Advocate of Baton Rouge reported.

The Legislature has rejected the idea of allowing a specialty license plate to display a message from abortion-rights supporters. The appeals court did not address the constitutionality of the 1999 law that created the "Choose Life" plate.

Update

High court turns aside opponents of 'Choose Life' plates
Justices won't review Louisiana case, in which some allege 'symbolic union' between state, Christian groups.  12.02.02

Previous

Federal appeals court won't reinstate challenge to 'Choose Life' plates
Attorney for Louisiana abortion-rights supporters says he's 'strongly considering' appeal to Supreme Court.  08.13.02