Mississippi Abortion Ruling

Crime, Family/Kids, Lisa Bloom, News

When he signed the country’s most restrictive anti-abortion bill into law last April, Mississippi Governor Phil Bryant called it “the first step in a movement to do what we campaigned on: . . . to end abortion in Mississippi.”

And but for a judge’s rulings July 1, he would have achieved it, making Mississippi the first state in the nation since Roe v. Wade where a woman could not legally terminate her pregnancy.

Mississippi Abortion

Usually anti-abortion activists are more circumspect, arguing that imposing new rules on clinics is for women’s health, or parental consent laws are designed to protect families. But not here. Gov. Bryant and the law’s sponsors were clear that they wanted to make abortion impossible in their state. There’s only one clinic in all of Mississippi where a woman can get an abortion today, down from fourteen in the 1980’s, and the majority pro-life legislature wants it closed, making the entire state abortion-free.
Can they do that?

No, not according to Roe v. Wade, and other Supreme Court decisions that since 1973 have upheld a woman’s constitutional right to choose whether or not to terminate her pregnancy. In Planned Parenthood v. Casey in 1992 the Supreme Court took aim at the anti-abortion camp’s strategy of loading up clinics with so many legal requirements that they’d have to shut down altogether. No, the Supreme Court said, a state may not impose “substantial obstacles” to women’s constitutional right to abortion. It may not “unduly burden” the exercise of her constitutional right.

Which brings us back to Mississippi. Its law required abortion providers to be OB-GYNs who have admitting privileges at a nearby hospital, which – surprise! – none of the abortion providers in Mississippi do. (They are out-of-state OB-GYNs who have tried to getting admitting privileges to local hospitals, unsuccessfully.)
On Wednesday, federal judge Daniel P. Jordan III, a George W. Bush appointee, ruled the law went too far, and barred Mississippi from implementing it pending a full hearing on the case.

Mississippi is the poorest state in the union, with the highest teen pregnancy rate.

For now, the clinic stays open.

The opinions expressed here represent my own and not necessarily those of Avvo.com.