Skip to: Content
Skip to: Site Navigation
Skip to: Search


Judge could decide whether Mississippi will become 'abortion-free'

Mississippi’s only abortion clinic may close if a federal judge allows a state law to take effect. The decision could become 'a road map for how to close abortion clinics in other states.' 

By Staff writer / July 11, 2012

Jackson Women's Health Organization owner Diane Derzis walks past abortion opponents protesting outside Mississippi's only abortion clinic in Jackson, Miss., earlier this month. A Republican-appointed federal judge is considering the constitutionality of the state's stringent new abortion law.

Rogelio V. Solis/AP

Enlarge

ATLANTA

A federal judge’s ruling on Wednesday could shutter the only remaining abortion clinic in Mississippi, a major reproductive-rights battleground state where abortions are increasingly rare and teenage pregnancies are 60 percent more common than the national average.

Skip to next paragraph

Federal District Judge Daniel Jordan is hearing arguments and possibly ruling on whether to extend a temporary restraining order on a new state law, slated to have gone into effect on July 1, that requires more-advanced clinical certification for abortion-clinic nurses – something that some members of the clinic staff at this point do not have.

After Gov. Phil Bryant (R) publicly stated he’s in favor of an “abortion-free” state, the new abortion-clinic law is shaping up as a major test of a 1992 Supreme Court ruling that says states can regulate abortion clinics as long as they don’t put undue burdens on the rights of women. In that case, Planned Parenthood v. Casey, the court defined undue burden as having "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus."

In the decision, the Supreme Court left it to lower courts to set the bar for what constitutes “a substantial obstacle,” meaning that a ruling in the Mississippi abortion-clinic case could become part of “a road map for how to close abortion clinics in other states,” says Philip Thomas, an attorney who blogs at Mississippi Litigation Review Blog.   

“This is extremely important to the anti-abortion forces,” adds George Cochran, a law professor at the University of Mississippi in Oxford. “They sincerely believe in the constitutionality of this law. But the fact is the state has a heavy burden here, especially in the context where the governor and other state officials have said the amendment is designed to rid the state of any abortion clinic.”

The clinic filed a lawsuit June 27, seeking to stop enforcement of the law. It argues that the law's requirement – that anyone performing an abortion must have the credentials to admit patients to a local hospital – is medically unnecessary and that the law would create “irreparable harm” by forcing the clinic to close. To rule in the clinic’s favor and maintain the restraining order, Judge Jordan will also have to be convinced that the clinic’s case is legally sound and could actually prevail if the matter goes to court.

The clinic in question, Jackson Women’s Health Organization, opened in 1996 and performs about 2,000 abortions a year. 

Permissions

Read Comments

View reader comments | Comment on this story

  • Weekly review of global news and ideas
  • Balanced, insightful and trustworthy
  • Subscribe in print or digital

Special Offer

 

Editors' picks

Doing Good

 

What happens when ordinary people decide to pay it forward? Extraordinary change...

Endeavor Global, cofounded by Linda Rottenberg (here at the nonprofit’s headquarters in New York), helps entrepreneurs in emerging markets.

Linda Rottenberg helps people pursue dreams – and create thousands of jobs

She's chief executive of Endeavor Global, a nonprofit group that gives a leg up to budding entrepreneurs.

 
 
Become a fan! Follow us! Google+ YouTube See our feeds!