On Tuesday, U.S. District Judge Carlton Reeves temporarily blocked the new Mississippi law that took effect immediately after Gov. Phil Bryant signed it on Monday, after the state’s only abortion clinic, Jackson Women’s Health Organization, sued the state.
The clinic argued that the law is unconstitutional because it bans abortion after 15 weeks’ gestation… weeks before a fetus can survive outside the womb.
Gov. Phil Bryant called Reeves’ ruling “disappointing,” and said the law is designed to “make Mississippi the safest place in America for an unborn child.”
Via Fox News: “The Supreme Court says every woman has a constitutional right to ‘personal privacy’ regarding her body,” Reeves wrote in a brief decision that quoted previous legal rulings on abortion. “That right protects her choice ‘to have an abortion before viability.’ States cannot ‘prohibit any woman from making the ultimate decision’ to do so.”
Reeves said in court that the “ultimate question” is whether a state can ban abortion before viability. He asked: “Does the state have the right to trump the woman’s right to have control over her decisions, over her body?”
Reeves did not rule from the bench but granted the temporary restraining order about an hour later, noting that lawyers for the clinic said a woman who is at least 15 weeks pregnant was scheduled to have an abortion Tuesday afternoon.
One of those lawyers, Rob McDuff, said the woman’s next available appointment would be March 28 because physicians travel from out of state to work there. He said the clinic does not perform abortions after 16 weeks of pregnancy, and March 28 would put her beyond that.
The law and responding challenge set up a confrontation sought by abortion opponents, who are hoping federal courts will ultimately prohibit abortions before a fetus is viable. The current federal law does not.
Some legal experts have said a change in the law is unlikely unless the makeup of the U.S. Supreme Court changes in a way that favors abortion opponents.
Dr. Sacheen Carr-Ellis, medical director of Jackson Women’s Health Organization, argues in the lawsuit that viability varies from pregnancy to pregnancy depending on the health of the mother and the fetus, but that “no fetus is viable after 15 weeks of pregnancy.
Paul Barnes, a special assistant state attorney general, argued that the law serves Mississippi’s “interest in protecting maternal health and the state’s interest in protecting unborn life.” He said medical advances and legal decisions continue to define viability earlier. He said viability was considered to be around 28 weeks when the Supreme Court’s Roe v. Wade decision that legalized abortion nationwide was handed down in 1973, and it was defined as being about 23 or 24 weeks in more recent court cases.
Reeves said in his order that the Mississippi law “places viability at 15 weeks — about two months earlier than where the medical consensus places it.”
Left: you can’t ban abortion, it’s a constitutional right! Also the left: we must ban gun ownership, which is actually spelled out as a civil right.
Libs say they care about the safety of children in school, but there are millions of children that have never had a chance at life…
And they wonder why the youth today does not seem to have a regard for life !!! Abortion is the worst kind of cold-blooded murder!!! These judges will stand before their judge one day!
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Natalie D. is an American conservative writer who writes for Supreme Insider and Conservative US, ! Natalie has described herself as a polemicist who likes to “stir up the pot,” and does not “pretend to be impartial or balanced, as broadcasters do,” drawing criticism from the left, and sometimes from the right. As a passionate journalist, she works relentlessly to uncover the corruption happening in Washington. She is a “constitutional conservative”.