state constitution

Judge ponders blocking law that bans abortions in Mississippi

Judge ponders blocking law that bans abortions in Mississippi

Mississippi is just hours from banning abortion in most instances, but an eleventh-hour lawsuit before a special state judge could at least temporarily delay the “trigger law” from going into effect.

The Mississippi Supreme Court ruled in 1998 that abortion is a protected right under the state Constitution and that right cannot be taken away unless the state’s high court reverses itself, attorneys representing the state’s only abortion clinic told a chancery judge on Tuesday.

Based on that 1998 ruling, Jackson attorney Rob McDuff asked Chancery Judge Debbra Halford of Franklin County to issue an injunction preventing laws that would ban most abortions in Mississippi from taking effect. McDuff and Hillary Schneller, senior staff attorney for the Center for Reproductive Rights, represented Jackson Women’s Health Organization in the lawsuit.

“The primary issue before you is whether the decision of the Mississippi Supreme Court is binding and we clearly believe it is,” McDuff said Tuesday morning during a hearing in the Hinds County Chancery Court Building that lasted about 45 minutes.

READ MORE: Hearing set in Mississippi lawsuit trying to prevent abortion ban

Mississippi Solicitor General Scott Stewart, arguing on behalf of Attorney General Lynn Fitch, told Halford that the 1998

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July 8, 2022 by LAW

Judge won’t block law banning most Mississippi abortions

JACKSON, Miss. — As attorneys argued about abortion laws across the South on Tuesday, a Mississippi judge rejected a request by the state’s only abortion clinic to temporarily block a law that would ban most abortions.

Without other developments in the Mississippi lawsuit, the clinic will close at the end of business Wednesday and the state law will take effect Thursday.

One of the clinic’s attorneys, Hillary Schneller of the Center for Reproductive Rights, said the judge should have blocked the law.

“People in Mississippi who need abortions right now are in a state of panic, trying to get into the clinic before it’s too late,” Schneller said. “No one should be forced to live in fear like that.”

Mississippi legislators passed the “trigger” law before the U.S. Supreme Court recently overturned the 1973 Roe v. Wade ruling that legalized abortion nationwide. The clinic, Jackson Women’s Health Organization, sought a temporary restraining order that would have allowed it to remain open while the lawsuit played out in court.

“This law has the potential to save the lives of thousands of unborn Mississippi children,” Republican Gov. Tate Reeves said after the judge’s ruling. “It is a great victory for life. I

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July 7, 2022 by LAW
December 2024
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