Tuesday, July 5, 2022

Round 2 of Dobbs is Today

Watch Hearing below

Update: The hearing concluded after 45 minutes.  Chancellor Halford said she would rule on the request for an injunction at a later time. 

The fight over Dobbs continues today in Hinds County Chancery Court as Mississippi's only abortion clinic squares off with the state of Mississippi in an effort to stay open. 

The U.S. Supreme Court blew up the political landscape last week declared abortion is not a right and returned its regulation to the states.  The Court declared Mississippi's 15 week abortion ban is constitutional as well as its trigger law.  The 2008 edition of the Mississippi Legislature passed a law that made all abortion illegal but for a few exceptions if the Supreme Court reversed Casey, which it did 14 years later.  The back-slapping began in Mississippi as politicians raced to the cameras while the outrage machine revved up on the other side. 

The Building in Pink was finally finished, right?  Jackson Women's Health Organization sued in Hinds County Chancery Court to keep the clinic open last week, right? While Pro-lifers scoffed at the lawsuit, it appears the plaintiffs dug up a not-quite-old but definitely forgotten 1998 Mississippi Supreme Court decision that said the Mississippi Constitution protected the "right" to an abortion.   JWHO did not try to fight the 15-week ban as it claims it does not perform abortions after 17 weeks but asked the Chancellor to throw out the trigger law banning abortion, thus allowing the clinic to remain open.

JJ reported the 1998 decision and the new lawsuit on June 29: 

Pro-Choice Mississippi v. Fordice held a woman had a right to privacy, and thus abortion, in the 1890 Mississippi Constitution.  Constitutions trump statutes.  While the Court agreed Mississippi had the power to ban abortions, no one thought to see if the Mississippi Supreme Court ruled on the matter.  Shades of the Initiative 65 fiasco. 

 Jackson's Women Health Organization sued to keep its Fondren abortion clinic open in Hinds County Chancery Court yesterday. The defendants are Dr. Thomas Dobbs (?), District Attorney Jody Owens, Hinds County Prosecuting Attorney Gerald Mumford, Mississippi Board of Medical Licensure Director Ken Cleveland, the city of Jackson, and the Board of Medical Licensure.  Earlier post.

Attorney General Lynn Fitch submitted her response to the Chancellor yesterday.  The response said Fordice was null and void as it relied on Roe and Casey to declare there is a right to an abortion in Mississippi.  The reversal of the two cases thus demolished the Fordice foundation.  

The law when the Constitution was adopted in 1890 banned abortion after quickening.  However, the legislature changed the law in 1942 to ban all abortion except to preserve the mother's life.  The Mississippi Constitution did not remove the power to ban pre-quickening abortions from the legislature.  

The Plaintiff answered the answer yesterday.   The answer to the answer argued Dobbs only applied to federal law and did not address Mississippi constitutional law.  The answer said the State's claim that Fordice relied on Roe is "misleading."  The Court found a right to privacy in "its own precedents" and in the Mississippi Constitution.  Women's Health claims the 1998 decision never "rested" on Roe or Casey and that it is still binding law.  

Special Chancellor Debbra Halford will hear the case.   The trigger ban is scheduled to go into effect on July 7. 

Kingfish note: Fordice dealt with several issues such as legality of abortion, parental notification, and medical licensure.  Part I (pps. 4-9) of the opinion covered whether there was a right to an abortion in Mississippi.  That section of the opinion cited an older Mississippi Case, Brown, as the main support for interpreting the state constitution as it did. It will not be surprising if the Chancellor upholds Fordice and rules the trigger law is invalid under the Mississippi Constitution.  Regardless of the decision, expect much gnashing of teeth when it comes down. 

Posted below: JWHO response to AG, AG's response, JWHO motion for TRO, Fordice opinion


21 comments:

Anonymous said...

But the 15 week ban remains a go.

Anonymous said...

There is no length the baby killers will not go to. Their value system says whatever the cost.

Anonymous said...

11:04 Thereis NO length the so called self riteous hypocrites go to do Nothing for women with unplanned pregnacies and the raising of a child which is a lifetime commitment. All talk talk talk talk and nothing else.

Anonymous said...

the bible thumpers need to be signing up to support forced birth babies....
....Crickets....

Anonymous said...

11:55 there is no length the libs will go to avoid personal responsibility and accountability. I'm not talking about the cases of incest and rape. Here we are in the year 2022, and various forms of birth control are readily available and in many cases free to those that can't afford it. If one wants to avoid an unwanted and/or unplanned pregnancy, then they need to to take some personal responsibility to prevent that from happening. It's not rocket science.

Anonymous said...

It's not rocket science that birth control methods FAIL including IUDs tubal ligation etc.

Anonymous said...

What's the failure rate of birth control? Where are your statistics?

Anonymous said...

There is lots of money to be made in killing the unborn babies, both by the butchers and then they sell the parts. Sick SOBs.

Anonymous said...

1:00, birth control is available now. But don’t act like conservatives in some states (I am sure this will be one of them) won’t go after birth control in the future.

Anonymous said...

1:42 - just google it, gosh, even my middle schooler can find the relevant Wikipedia page…

Anonymous said...

Will rule at a later time... Does this mean that she has to:

Confer with her tea leaves?
Check with her astrologist?
See which way the political wind is blowing?
Ask her law clerk?
All of the above?

Anonymous said...

1:59 there's lots of money NEEDED to be spent on medicaid expansion, childcare, education, healthcare, IUD/birthcontrol coverage, VASECTOMY robbed TANF monies and you are not capable of providing that. What do you call the politicians that misappropriated and not funded that money for these women? Are they SOBs?

Anonymous said...

The clinic has already stated they are moving to las cruses New Mexico per the Carlsbad current Argus.

Anonymous said...

1:00 you're right about lots of options, it's too bad that the MDE has declined again to teach any of them in schools except abstinence. It's easy for those of us with parents who once had the awkward conversations about sex and the consequences to believe that every person had the same experience. Isn't it possible that there are young women who don't know that birth control is readily available for free if you can just get yourself to a health department clinic or office? Isn't it possible that there are young people who don't feel comfortable asking a partner about a condom because no one ever told them that they should? Heck they don't even advertise condoms on TV any more that I've seen. Why are we so resistant to teaching high school aged kids how to have safe sex? Surely we don't believe they're not "doing it."

Anonymous said...

@2:08, it's you that mentioned the failure rate. The burden is on you. You people aren't into doing the right thing, unless it involves killing a baby.

Anonymous said...

The argument from pro abortion radicals sounds like the conversation between satan and the Priest from the 1973 film, "The Exorcist".

Anonymous said...

The argument is never say never and if you are supposed Christian that reads from the Bible you’ll see that Jesus was for the oppressed. He actually loved All people including those in situations that are not desirable including women who feel the best decision to survive for them and their families is abortion.

Anonymous said...

@5:13 PM - making it up as you go along to fit your progressive narrative? Got it.

Anonymous said...

She had the decision written before she traveled to Jackson yesterday afternoon.

Anonymous said...

Jesus also quoted the 10 Commandments, one of which is don't murder.

He also said not to hinder little children from coming to him. It would be better that a mill stone were tied around the neck of those that did hinder them.

I wonder what his opinion of you would be? No, I really don't wonder.

Anonymous said...

"She had the decision written before she traveled to Jackson yesterday afternoon."

After having read it, she may have written it in the car on the way.


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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

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This is definitely a Beaver production.


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Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

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