BATON ROUGE, La. (AP) — Francine became a hurricane Tuesday evening as it barreled toward south Louisiana, strengthening over extremely warm Gulf waters as those in possible harm's way rushed to complete storm preparations, filling sandbags, buying gas and stocking up on necessities for an expected landfall in the coming day.
Residents, especially in south Louisiana, have a 24-hour window to “batten down all the hatches,” Louisiana Gov. Jeff Landry warned at midday while Francine was still a tropical storm.
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Tuff Gary, left, and Morgan LeBlanc with their children Hudson, Tuff, Jr., and Zander, of Jenning, La., watch the implosion of the Hertz Tower, that was heavily damaged after Hurricanes Laura and Delta in 2020 in Lake Charles, La., Saturday, Sept. 7, 2024. (AP Photo/Gerald Herbert)
This National Oceanic and Atmospheric Administration satellite image taken at 7:10pm ET shows Hurricane Francine in the Gulf of Mexico as it advances towards Louisiana on Tuesday, Sept. 10, 2024. (NOAA via AP)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Delwyn Bodden, a worker for the Southeast Louisiana Flood Protection Authority-West climbs a ladder up a floodgate to lock it closed along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Delwyn Bodden, a worker for the Southeast Louisiana Flood Protection Authority-West climbs a ladder up a floodgate to lock it closed along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Roxanne Riley, 42, stocks up on supplies at a Walmart as she prepares to shelter in place in New Orleans as Tropical Storm Francine barrels toward the Louisiana coast, Tuesday, Sept. 10, 2024. (AP Photo/Jack Brook)
Mississippi Gulf Coast beachline in Long Beach, Miss. preparing for Tropical Storm Francine Tuesday, Sept. 10, 2024. (Hunter Dawkins/The Gazebo Gazette via AP)
Boats leaving Pass Christian Harbor after mandatory evacuation issued Tuesday, Sept. 10, 2024, in Pass Christian, Miss., due to Tropical Storm Francine. (Hunter Dawkins/The Gazebo Gazette via AP)
Boats leaving Pass Christian Harbor after mandatory evacuation issued Tuesday, Sept. 10, 2024 in Pass Christian, Miss. due to Tropical Storm Francine. (Hunter Dawkins/The Gazebo Gazette via AP)
Boats leaving Pass Christian Harbor after mandatory evacuation issued Tuesday, Sept. 10, 2024 in Pass Christian, Miss., due to Tropical Storm Francine. (Hunter Dawkins/The Gazebo Gazette via AP)
A message aimed at The Weather Channel's meteorologist Jim Cantore is displayed on the message board at the Lake Pontchartrain Causeway near New Orleans as the region prepares for Tropical Storm Francine Tuesday, Sept. 10, 2024. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
Ronell King, 32, unhoused, plans to hunker down in his tent under an overpass Tuesday, Sept. 10, 2024, in New Orleans, rather than go to an emergency shelter set up by the city. (AP/Jack Brook)
This GOES-16 GeoColor satellite image taken at 2:21 p.m. EDT and provided by National Oceanic and Atmospheric Administration (NOAA) shows Tropical Storm Francine in the Gulf of Mexico, Tuesday, Sept. 10 2024. (NOAA via AP)
Residents fill up sand bags to protect their homes in anticipation of Tropical Storm Francine, Tuesday, Sept. 10, 2024, at a distribution site in a parking lot in New Orleans. (AP Photo/Jack Brook)
Delwyn Bodden, a worker for the Southeast Louisiana Flood Protection Authority-West climbs a ladder up a floodgate to lock it closed along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
A workers from the Southeast Louisiana Flood Protection Authority-West locks a floodgates closed along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
A worker from the Southeast Louisiana Flood Protection Authority-West tightens turnbuckles as they close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West tighten turnbuckles as they close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Cars drive through rain bands along Peter Rd., just outside New Orleans, ahead of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
The Hertz Tower, which was heavily damaged after Hurricanes Laura and Delta in 2020, is imploded in Lake Charles, La., Saturday, Sept. 7, 2024. (AP Photo/Gerald Herbert)
An flag is taken down off a pole as residents prepare for the arrival of Hurricane Francine along the Louisiana coast on Monday, Sept. 9, 2024, in Lafitte, La. (Chris Granger/The Times-Picayune/The New Orleans Advocate via AP)
Weather begins to form from Tropical Storm Francine on the Harrison County Beaches in Pass Christian, Miss. Monday, Sept. 9, 2024. (Hunter Dawkins/The Gazebo Gazette via AP)
The windows of a raised historic house are boarded up as residents prepare for the arrival of Hurricane Francine along the Louisiana coast on Monday, Sept. 9, 2024, in Lafitte, La. (Chris Granger/The Times-Picayune/The New Orleans Advocate via AP)
Weather begins to form from Tropical Storm Francine on the Harrison County Beaches in Pass Christian, Miss. Monday, Sept. 9, 2024. (Hunter Dawkins/The Gazebo Gazette via AP)
Crabbers move their traps to inside the levy protection system ahead of Tropical Storm Francine, Monday, Sept. 9, 2024, in lower St. Bernard Parish, La. (David Grunfeld/The New Orleans Advocate via AP)
Tuff Gary, left, and Morgan LeBlanc with their children Hudson, Tuff, Jr., and Zander, of Jenning, La., watch the implosion of the Hertz Tower, that was heavily damaged after Hurricanes Laura and Delta in 2020 in Lake Charles, La., Saturday, Sept. 7, 2024. (AP Photo/Gerald Herbert)
St. Bernard Parish residents fill sandbags in the old Kmart/Sears parking lot ahead of Tropical Storm Francine, Monday, Sept. 9, 2024, in Chalmette, La. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
Crabbers move their traps to inside the levy protection system ahead of Tropical Storm Francine, Monday, Sept. 9, 2024, in lower St. Bernard Parish, La. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
Bubby Longo fills sandbags in the old Kmart/Sears parking lot ahead of Tropical Storm Francine, Monday, Sept. 9, 2024, in Chalmette, La. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
Shoppers in a suburb of New Orleans gather food supplies at a grocery store, Monday, Sept. 9, 2024. (AP Photo/Jack Brook)
Steve Pete filled up gas containers to give to neighbors and the elderly if they need it ahead of Tropical Storm Francine in Violet, La. Monday, Sept. 9, 2024. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
James C. McKenzie, left and Kelly Blanchard cover an electronic sign with plywood ahead of Tropical Storm Francine Monday, Sept. 9, 2024, in Chalmette, La.. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
Bubby Longo fills sandbags in the old Kmart/Sears parking lot ahead of Tropical Storm Francine, Monday, Sept. 9, 2024, in Chalmette, La. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
Weather begins to form from Tropical Storm Francine on the Harrison County Beaches in Pass Christian, Miss. Monday, Sept. 9, 2024. (Hunter Dawkins/The Gazebo Gazette via AP)
Norman Bouisse, 76, left, and Jeremy Adam, back left, one of the captains for the 100-foot trawler Master Brandon, work at tying extra lines around a piling in their attempt to batten down their boat in anticipation of Hurricane Francine along the Louisiana coast in Lafitte on Monday, Sept. 9, 2024. (Chris Granger/The Times-Picayune/The New Orleans Advocate via AP)
The windows of a raised historic house are boarded up as residents prepare for the arrival of Hurricane Francine along the Louisiana coast on Monday, Sept. 9, 2024, in Lafitte, La. (Chris Granger/The Times-Picayune/The New Orleans Advocate via AP)
The freshly minted Category 1 hurricane packed top sustained winds of 75 mph (120 kph) and forecasters warned it was expected to crash ashore Wednesday afternoon or evening in Louisiana with a potentially life-threatening storm surge and damaging winds — perhaps even as a Category 2 storm with winds of 96 to 110 mph (155 to 175 kph).
Ahead of the storm's approach, lifelong New Orleans resident Roxanne Riley, 42, gathered water, snacks and other food from a Walmart and said she planned to stay at a family member’s house on high ground to avoid flooding. But she was ready to evacuate if things got worse.
“It’s very frustrating every time a storm comes in,” Riley said. “I’ll just make sure my car is ready to roll in case I need to go by tomorrow. I’m going to keep on checking to see what it’s looking like.”
By 8 p.m. EDT Tuesday, Francine was centered about 350 miles (560 kilometers) southwest of Morgan City, Louisiana, and was moving northeast at 10 mph (17 kph), the Miami-based National Hurricane Center said in an advisory.
A hurricane warning was in effect along the Louisiana coast from Cameron eastward to Grand Isle, about 50 miles (80 kilometers) south of New Orleans, according to the center. A storm surge warning stretched from the Mississippi-Alabama border to the Alabama-Florida border. Such a warning means there’s a chance of life-threatening flooding.
Once Francine makes landfall, Landry said, residents should stay in place rather than venturing out onto the roads and risk blocking first responders or utility crews working to repair power lines.
Helping Francine gain hurricane status Tuesday night were the Gulf's exceedingly warm late-summer waters. Water temperatures are about 87 degrees (31 degrees Celsius) where Francine is located, said Brian McNoldy, senior research associate at the University of Miami's Rosenstiel School of Marine, Atmospheric, and Earth Science.
“The ocean heat content averaged over the entire Gulf is the highest it’s been on record for the date," McNoldy wrote on his blog.
In downtown New Orleans during the day, cars and trucks were lined up for blocks to collect sandbags from the parking lot of a local YMCA. CEO Erika Mann said Tuesday that 1,000 bags of sand had already been distributed by volunteers later Tuesday to people hoping to protect homes from possible flooding.
“I love that these are community people that came out,” Mann said. “It’s a beautiful effort to do what we do in New Orleans, we’re resilient and we come together to help in the times we need each other.”
One resident picking up sandbags was Wayne Grant, 33, who moved to New Orleans last year and was nervous for his first potential hurricane in the city. The low-lying rental apartment he shares with his partner had already flooded out in a storm the year before and he was not taking any chances this time around.
“It was like a kick in the face, we’ve been trying to stay up on the weather ever since,” Grant said. “We’re super invested in the place, even though it’s not ours.”
A little over three years after Hurricane Ida trashed his home in the Dulac community of coastal Louisiana’s Terrebonne Parish – and about a month after he finished rebuilding – Coy Verdin was preparing for another hurricane.
“We had to gut the whole house,” he recalled in a telephone interview, rattling off a memorized inventory of the work, including a new roof and new windows.
Verdin, 55, strongly considered moving farther inland, away from the home where he makes his living on nearby Bayou Grand Caillou. After rebuilding, he said he’s there to stay.
“As long as I can. It’s getting rough, though,” he said. He was preparing to head north to ride out Francine with his daughter in Thibodaux, about a 50-minute drive away. “I don’t want to go too far so I can come back to check on my house.”
Landry said the Louisiana National Guard is being deployed to parishes that could be impacted by Francine. They are equipped with food, water, nearly 400 high-water vehicles, about 100 boats and 50 helicopters to respond to the storm, including possible search-and-rescue operations.
Francine is the sixth named storm of the Atlantic hurricane season. There’s a danger of life-threatening storm surge as well as damaging hurricane-force winds, said Brad Reinhart, a senior hurricane specialist at the hurricane center.
There’s also the potential for 4 to 8 inches (10 to 20 centimeters) of rain with the possibility of 12 inches (30 centimeters) locally across much of Louisiana and Mississippi through Friday morning, Reinhart said. That heavy rainfall could also cause considerable flash and urban flooding.
The hurricane center said eastern Mississippi and especially coastal parts of Mississippi, Alabama and the Florida Panhandle were at risk of “considerable” flash and urban flooding starting Wednesday. It said flooding was also “probable” further inland into the lower Mississippi Valley and lower Tennessee Valley from Wednesday through Friday as a disbanding Francine churns inland.
Francine is taking aim at a Louisiana coastline that has yet to fully recover since hurricanes Laura and Delta decimated Lake Charles in 2020, followed a year later by Hurricane Ida. Over the weekend, a 22-story building in Lake Charles that had become a symbol of storm destruction was imploded after sitting vacant for nearly four years, its windows shattered and covered in shredded tarps.
Francine's storm surge on the Louisiana coast could reach as much as 10 feet (3 meters) from Cameron to Port Fourchon and into Vermilion Bay, forecasters said.
“It’s a potential for significantly dangerous, life-threatening inundation,” said Michael Brennan, director of the hurricane center, adding it could also send “dangerous, damaging winds quite far inland."
He said landfall was likely somewhere between Sabine Pass — on the Texas-Louisiana line — and Morgan City, Louisiana, about 220 miles (350 kilometers) to the east.
Associated Press writers Curt Anderson in St. Petersburg, Florida, Kevin McGill and Jack Brook in New Orleans contributed to this story.
This National Oceanic and Atmospheric Administration satellite image taken at 7:10pm ET shows Hurricane Francine in the Gulf of Mexico as it advances towards Louisiana on Tuesday, Sept. 10, 2024. (NOAA via AP)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Delwyn Bodden, a worker for the Southeast Louisiana Flood Protection Authority-West climbs a ladder up a floodgate to lock it closed along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Delwyn Bodden, a worker for the Southeast Louisiana Flood Protection Authority-West climbs a ladder up a floodgate to lock it closed along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Roxanne Riley, 42, stocks up on supplies at a Walmart as she prepares to shelter in place in New Orleans as Tropical Storm Francine barrels toward the Louisiana coast, Tuesday, Sept. 10, 2024. (AP Photo/Jack Brook)
Mississippi Gulf Coast beachline in Long Beach, Miss. preparing for Tropical Storm Francine Tuesday, Sept. 10, 2024. (Hunter Dawkins/The Gazebo Gazette via AP)
Boats leaving Pass Christian Harbor after mandatory evacuation issued Tuesday, Sept. 10, 2024, in Pass Christian, Miss., due to Tropical Storm Francine. (Hunter Dawkins/The Gazebo Gazette via AP)
Boats leaving Pass Christian Harbor after mandatory evacuation issued Tuesday, Sept. 10, 2024 in Pass Christian, Miss. due to Tropical Storm Francine. (Hunter Dawkins/The Gazebo Gazette via AP)
Boats leaving Pass Christian Harbor after mandatory evacuation issued Tuesday, Sept. 10, 2024 in Pass Christian, Miss., due to Tropical Storm Francine. (Hunter Dawkins/The Gazebo Gazette via AP)
A message aimed at The Weather Channel's meteorologist Jim Cantore is displayed on the message board at the Lake Pontchartrain Causeway near New Orleans as the region prepares for Tropical Storm Francine Tuesday, Sept. 10, 2024. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
Ronell King, 32, unhoused, plans to hunker down in his tent under an overpass Tuesday, Sept. 10, 2024, in New Orleans, rather than go to an emergency shelter set up by the city. (AP/Jack Brook)
This GOES-16 GeoColor satellite image taken at 2:21 p.m. EDT and provided by National Oceanic and Atmospheric Administration (NOAA) shows Tropical Storm Francine in the Gulf of Mexico, Tuesday, Sept. 10 2024. (NOAA via AP)
Residents fill up sand bags to protect their homes in anticipation of Tropical Storm Francine, Tuesday, Sept. 10, 2024, at a distribution site in a parking lot in New Orleans. (AP Photo/Jack Brook)
Delwyn Bodden, a worker for the Southeast Louisiana Flood Protection Authority-West climbs a ladder up a floodgate to lock it closed along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
A workers from the Southeast Louisiana Flood Protection Authority-West locks a floodgates closed along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
A worker from the Southeast Louisiana Flood Protection Authority-West tightens turnbuckles as they close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West tighten turnbuckles as they close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Cars drive through rain bands along Peter Rd., just outside New Orleans, ahead of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
Workers from the Southeast Louisiana Flood Protection Authority-West close floodgates along the Harvey Canal, just outside the New Orleans city limits, in anticipation of Tropical Storm Francine, in Harvey, La., Tuesday, Sept. 10, 2024. (AP Photo/Gerald Herbert)
The Hertz Tower, which was heavily damaged after Hurricanes Laura and Delta in 2020, is imploded in Lake Charles, La., Saturday, Sept. 7, 2024. (AP Photo/Gerald Herbert)
An flag is taken down off a pole as residents prepare for the arrival of Hurricane Francine along the Louisiana coast on Monday, Sept. 9, 2024, in Lafitte, La. (Chris Granger/The Times-Picayune/The New Orleans Advocate via AP)
Weather begins to form from Tropical Storm Francine on the Harrison County Beaches in Pass Christian, Miss. Monday, Sept. 9, 2024. (Hunter Dawkins/The Gazebo Gazette via AP)
The windows of a raised historic house are boarded up as residents prepare for the arrival of Hurricane Francine along the Louisiana coast on Monday, Sept. 9, 2024, in Lafitte, La. (Chris Granger/The Times-Picayune/The New Orleans Advocate via AP)
Weather begins to form from Tropical Storm Francine on the Harrison County Beaches in Pass Christian, Miss. Monday, Sept. 9, 2024. (Hunter Dawkins/The Gazebo Gazette via AP)
Crabbers move their traps to inside the levy protection system ahead of Tropical Storm Francine, Monday, Sept. 9, 2024, in lower St. Bernard Parish, La. (David Grunfeld/The New Orleans Advocate via AP)
Tuff Gary, left, and Morgan LeBlanc with their children Hudson, Tuff, Jr., and Zander, of Jenning, La., watch the implosion of the Hertz Tower, that was heavily damaged after Hurricanes Laura and Delta in 2020 in Lake Charles, La., Saturday, Sept. 7, 2024. (AP Photo/Gerald Herbert)
St. Bernard Parish residents fill sandbags in the old Kmart/Sears parking lot ahead of Tropical Storm Francine, Monday, Sept. 9, 2024, in Chalmette, La. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
Crabbers move their traps to inside the levy protection system ahead of Tropical Storm Francine, Monday, Sept. 9, 2024, in lower St. Bernard Parish, La. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
Bubby Longo fills sandbags in the old Kmart/Sears parking lot ahead of Tropical Storm Francine, Monday, Sept. 9, 2024, in Chalmette, La. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
Shoppers in a suburb of New Orleans gather food supplies at a grocery store, Monday, Sept. 9, 2024. (AP Photo/Jack Brook)
Steve Pete filled up gas containers to give to neighbors and the elderly if they need it ahead of Tropical Storm Francine in Violet, La. Monday, Sept. 9, 2024. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
James C. McKenzie, left and Kelly Blanchard cover an electronic sign with plywood ahead of Tropical Storm Francine Monday, Sept. 9, 2024, in Chalmette, La.. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
Bubby Longo fills sandbags in the old Kmart/Sears parking lot ahead of Tropical Storm Francine, Monday, Sept. 9, 2024, in Chalmette, La. (David Grunfeld/The Times-Picayune/The New Orleans Advocate via AP)
Weather begins to form from Tropical Storm Francine on the Harrison County Beaches in Pass Christian, Miss. Monday, Sept. 9, 2024. (Hunter Dawkins/The Gazebo Gazette via AP)
Norman Bouisse, 76, left, and Jeremy Adam, back left, one of the captains for the 100-foot trawler Master Brandon, work at tying extra lines around a piling in their attempt to batten down their boat in anticipation of Hurricane Francine along the Louisiana coast in Lafitte on Monday, Sept. 9, 2024. (Chris Granger/The Times-Picayune/The New Orleans Advocate via AP)
The windows of a raised historic house are boarded up as residents prepare for the arrival of Hurricane Francine along the Louisiana coast on Monday, Sept. 9, 2024, in Lafitte, La. (Chris Granger/The Times-Picayune/The New Orleans Advocate via AP)
WASHINGTON (AP) — A court order that says hospitals cannot federally be required to provide pregnancy terminations when they violate a Texas abortion ban will stay for now, the Supreme Court said Monday.
The decision is another setback for opponents of Texas’ abortion ban, which for two years has withstood multiple legal challenges, including from women who had serious pregnancy complications and have been turned away by doctors.
It left Texas as the only state where the Biden administration is unable to enforce its interpretation of a federal law in an effort to ensure women still have access to emergency abortions when their health or life is at risk.
The justices did not detail their reasoning for keeping in place a lower court order, and there were no publicly noted dissents. Texas had asked the justices to leave the order in place while the Biden administration had asked the justices to throw it out.
Texas Attorney General Ken Paxton called the decision “a major victory.”
The Biden administration argues that a federal law, called the Emergency Medical Treatment and Labor Act, or EMTALA, requires emergency rooms to provide abortions if a pregnant patient’s health or life is at serious risk, even in states where the procedure is banned. The law only applies to emergency rooms that receive Medicare funding, which most hospitals do.
The Supreme Court decision comes weeks before a presidential election in which Democratic nominee Kamala Harris has put abortion at the center of her campaign, attacking Republican challenger Donald Trump for appointing judges to the high court who overturned nationwide abortion rights in 2022.
Texas' abortion ban has been a centerpiece of Democratic U.S. Rep. Colin Allred ’s challenge against Republican U.S. Sen. Ted Cuz for his seat.
At a campaign event over the weekend in Fort Worth, Texas, hundreds of Allred’s supporters broke out in raucous applause when he vowed to protect a woman’s right to an abortion. “When I’m in the Senate, we’re going to restore Roe v. Wade," Allred said.
At a separate event the same day, in a nearby suburb, Cruz outlined a litany of criticisms against Allred, but didn’t bring up the abortion law.
White House press secretary Karine Jean-Pierre said Monday that “all patients — including women experiencing pregnancy loss, and other pregnancy-related emergencies — must be able to access the emergency medical care that they need and that is required by federal law.”
Complaints of pregnant women in medical distress being turned away from emergency rooms in Texas and elsewhere have spiked as hospitals grapple with whether standard care could violate strict state laws against abortion. Several Texas women have lodged complaints against hospitals for not terminating their failing and dangerous pregnancies because of the state's ban. In some cases, women lost reproductive organs.
In asking the Supreme Court to toss out the lower court decision, the administration pointed to a similar case from Idaho earlier this year in which the justices narrowly allowed emergency abortions to resume while a lawsuit continues. At the time the Idaho case began, the state had an exception for the life, but not the health, of a woman.
Texas said its case is different, however, because the law provides some exceptions if a pregnant patient's health is at risk.
Texas pointed to a state Supreme Court ruling that said doctors do not have to wait until a woman’s life is in immediate danger to provide an abortion legally. Doctors, though, have said the Texas law is dangerously vague, and a medical board has refused to list all the conditions that qualify for an exception.
Marc Hearron, an attorney for the Center for Reproductive Rights, said doctors in Texas got no clarity from the Supreme Court on Monday.
“The health care crisis is ongoing,” Hearron said. “Patients are going to continue to suffer.”
Mary Ziegler, a law professor at the University of California at Davis who has written extensively about abortion, said there remains much uncertainty for doctors in Texas, who could risk life in prison for performing abortions.
“I think we’re going to continue to see physicians turning away patients, even patients who could qualify under the state’s exceptions, because the consequences of guessing wrong are so severe and the laws are not that clear,” Ziegler said.
The Texas case started after the Supreme Court overturned Roe v. Wade in 2022, leading to abortion restrictions in many Republican-controlled states. The Biden administration issued guidance saying hospitals still needed to provide abortions in emergency situations under a health care law that requires most hospitals to treat any patients in medical distress.
Texas sued over that guidance, arguing that hospitals cannot be required to provide abortions that would violate its ban. The 5th U.S. Circuit Court of Appeals sided with the state, ruling in January that the administration had overstepped its authority.
Health and Human Services Secretary Xavier Becerra said in a post on X, “Reproductive rights are under assault in this country and women’s health and lives remain in danger from the chaos and confusion caused by overturning Roe.”
Stengle contributed to this report from Dallas. AP reporters Amanda Seitz in Winston-Salem, North Carolina, Sean Murphy in Oklahoma City and Aamer Madhani in Washington also contributed to this report.
Supreme Court lets stand a decision barring emergency abortions that violate Texas ban
Supreme Court lets stand a decision barring emergency abortions that violate Texas ban
FILE - The Supreme Court building is seen, June 28, 2024, in Washington. (AP Photo/Mark Schiefelbein, File)