Tuesday, July 5, 2022

Abortion Clinic Loses

Mississippi's only abortion clinic struck out in Hinds County Chancery Court today after Special Chancellor Debbra Halford denied its request to bar the state from enforcing a ban on almost all abortions.  The order is posted below.

 Jackson Women's Health Organization relied on the little-known 1998 case of Pro-Choice Mississippi v. Fordice.   The Mississippi Supreme Court held the Mississippi Constitution protected a woman's right to an abortion.  Although abortion is not mentioned in the document, the Court ruled 24 years ago the Mississippi Constitution gave women a right to privacy that included abortion.  

JWHO argued Fordice was still valid law as it sought to strike down Mississippi's trigger law and fetal-heartbeat abortion ban.  However, Attorney General Lynn Fitch argued the 1998 cases was based on Roe and Casey.  The reversal of those two cases obliterated Fordice.  

Chancellor Halford wasted no time and issued her ruling within a few hours (Take note, Judge Dickinson.).  Some highlights are: 

be unconstitutional because  of a  violation  of  a  state constitutional right protecting abortion, there follows an automatic and immediate appeal. The plain wording of the Mississippi Constitution does not mention abortion.  Plaintiffs rely upon state constitutional protection of such a right announced in Fordice. Since the ultimate relief sought by Plaintiffs in their Complaint is an adjudication of unconstitutionality of the two abortion statutes, then this Court's granting of that relief would be necessarily appealed to the Supreme Court for a final determination on the merits of that claim....

The Court largely rested its finding of a state protected right to abortion to that federal constitutional right found by the Roe Court to flow from the Ninth Amendment. In their arguments before this Court, to which this Court agrees, State Defendants point out that there seems to have been inadequate attempts by the Fordice Court to define alternate bases for finding the existence of state constitutional protection for abortion.  The repeated references to Roe and  Casey support State Defendants' argument.  Since Roe and Casey are no longer the law of the land, reliance upon Fordice will almost certainly not be well-founded when pursuing this case in the Supreme Court. When considering Fordice, in light of Roe, Casey and Dobbs, it is more than doubtful that the Mississippi Supreme Court will continue to uphold Fordice. Having so considered, this Court is unable to accord Fordice as  sufficient authority to find that there exists substantial likelihood that Plaintiffs will prevail on the merits....

The Court finds that Plaintiffs fail to show that the balance of harms weighs in their favor.  Injunctive relief would clearly harm the State and its citizens.  Any  injunction  against  a  state's  duly  enacted  laws  necessarily irreparably harms that state by denying the public interest in the enforcement of its laws.  Further, states have "legitimate interests" in restricting abortion­ including  "respect  for  and  preservation  of  prenatal  life  at  all  stages  of development," "the protection of maternal health and safety," "the elimination of particularly gruesome or barbaric medical procedures," "the preservation of the integrity of the  medical profession," "the mitigation of fetal pain," and "the prevention of discrimination on the basis of race, sex, or disability," all as noted by the U. S. Supreme Court in Dobbs. The laws here advance those interests, and enjoining the laws would undermine those interests....


Obviously there will be an appeal.  Stay tuned.

 

65 comments:

Anonymous said...

God’s hand is at work here.
No more murdering the innocent.

Anonymous said...

Thank you, President Trump!

Anonymous said...

Can we get Judge Halford to rule on Jackson's garbage crisis?

Anonymous said...

so can we paint the building now?

Anonymous said...

@3:51 PM Amen, brother.

Anonymous said...

3:51 and you are first in line to adopt them. Congrats on your adoption of all these innocent lives!!!

Anonymous said...

If Biden, Schumer, and Pelosi aren't happy, then I'm very happy.

Anonymous said...

@4:01 So if we can't adopt all the children out then we should just kill them. Makes sense.

Anonymous said...

Genuinely asking for a friend:

Why was someone charged with double homicide if they killed a pregnant woman? If the fetus was not a child.... sigh. Well at least it's consistent now.

Anonymous said...

Murder is murder anyway you look at it, whether it’s with a gun, a coat hanger or a so called doctor who aborts babies….sorry your left side doesn’t agree with the right side of your brain. I have 4 count 4! Grandchildren and their moms are MARRIED. So, tonight I sleep knowing I’m a blessed man. Sorry to disappoint the left but the fact of the matter is, when the bullet hits the bone, and when the rubber hits the road, you need to take care of your business. You conceive….you deal with it….quit laying around with males (not men…might as well say “kids”) who won’t take care of the parenting responsibilities. And stop using children as tokens to gain financial benefits. Yep….say it. 3……2……..1….

Anonymous said...

4:01 Another disingenuous post from someone with no regard for human life. As Geraldine Fararro said, Just kill the babies, it is much less expensive than raising them.

I'm friends with Caucasian couples who tried to adopt black babies but your woke friends call that "cultural genocide" and set the rules so they cannot adopt them. The "caring" liberals would rather kids get bounced around various foster homes than be adopted by a stable loving family.

For "pro-choicers" it is all about the narrative. The children are a disposable nuisance.

Anonymous said...

Victories over abortion are bittersweet: it took 49 years and 64M unborn babies killed. I hope proponents of abortion will now redirect the energy of their wrath toward celebrating life and respecting motherhood.

Anonymous said...

“ If Biden, Schumer, and Pelosi aren't happy, then I'm very happy.”

Whenever I see comments like this, I’m always reminded that these are the type of people that don’t even know what Congressional district they live in.

Anonymous said...

It’s the correct ruling. Fordice referenced Roe several times. Roe is gone

I’d rather this guy be the Supreme Court than the wash outs we have now.

Anonymous said...

The former lawsuit filed by those idiots (over an issue that affected very few women) is the sole reason RvW was overturned. Talk about the law of unintended consequences! Congratulations Jackson Abortion Clinic on making abortion illegal in several states! You are the right's greatest ally.

Anonymous said...

Hope they like New Mexico

Anonymous said...

"Victories over abortion are bittersweet: it took 49 years and 64M unborn babies killed. I hope proponents of abortion will now redirect the energy of their wrath toward celebrating life and respecting motherhood."

Says the same person that's probably whining about the "feral" youts of Jackson going around committing crime.

what the hell do you think is about to happen now?

Anonymous said...

The abortion clinic didn't do abortions after the 17th week, but they had to take their case to the U. S. Supremes over a 15-week law. Lost the whole enchilada.

Anonymous said...

I’ve seen this movie before. When the GOP starts saying it’s a woman’s duty to have 10 kids for the party I am moving to Europe

Anonymous said...

Not so fast boys, this judges interpretation is good for this court only, they can’t say the constitution is this or that to fit the mood of the day. This issue is more than Roe!

Anonymous said...

It hasn't been a good last few weeks for the left.

Anonymous said...

"3:51 and you are first in line to adopt them. Congrats on your adoption of all these innocent lives!!!" July 5, 2022 at 4:01 PM

And I'm sure 3:51 is going to definitely request a severely-disabled baby - and obviously a MINORITY disabled baby. That way, one gets twice as much virtue to signal, and the joy never ends! 3:51 will be worrying about how to care for the poor kid, FOR LIFE!

Anonymous said...

So 4:01 and 5:54, your solution for people having unprotected sex and creating unwanted pregnancies is to just kill the unborn child? How about looking to the people who created the child and trying to change their behavior? That’s almost like blaming guns for mass shootings. Your outrage is misdirected.

Anonymous said...

Watch the already insane crime rates skyrocket in 15 years thanks to all of the unwanted kids being born whose mothers are unable to support them and certainly will receive no help from the state. Pro lifers love the unborn but don’t give a flip about the child once it’s actually out of the womb. We will all reap what you righteous evangelical hypocrites sow and our state will be filled with unloved children turned criminals and women who have been stripped of their rights as reduced to vessels of birthing before we know it. None of you zealots care about the law of the land or separation of church and state, matter of fact you don’t even care about Jesus because it’s clear from your rhetoric that you are no closer to God than a rock is to sentient life.

Anonymous said...

"The path of the pro-life man is beset on all sides by the iniquities of the selfish and the tyranny of the abortionists and pro-choice men. Blessed is he who, in the name of charity and goodwill, shepherds the weak through the valley of darkness, for he is truly his sister's keeper, and the finder of newborn children. And I will strike down upon thee with great vengeance and furious anger those who support, aid, and abet abortions. And you will know my name is the Lord when I lay my vengeance upon thee!"

Anonymous said...

The opening court with a prayer by a pastor tipped the hand of where this was headed.

QueenBee said...

I'm happy that this is done. The judge ruled correctly, in my view. Instead of being angry about the decision, take some REAL RESPONSIBILITY to guard against becoming pregnant in the first place. Getting an abortion SHOULD NOT BE VIEWED as birth control. Everyone makes mistakes in doing what THEY THOUGHT was right, at that time. But... once you KNOW BETTER, YOU DO BETTER! With that being said, maybe those who have lax views on abortion should just sew that thing up (or something) if abortion is the convenient go-to for their acting irresponsibly! That is NOT ON US, sweetheart. That is on YOU!!!

Anonymous said...

This was inevitable once the right was able to pack the Supreme Court. Even if this case had succeeded, it would have only delayed the inevitable. Abortion rights will now go back and forth with the political affiliation of the Supreme Court, as will many other issues now that this new precedent has been established.

Anonymous said...

7:33 and 8:01 you right on. If they think our state’s statistics are bad now, wait till they see what happens when the poor gets poorer.

Anonymous said...

What does this do to the Jehovah Witness who refused to get a blood transfusion (prior MS case deemed covered by bodily autonomy in the MS Constitution).

So now they have to get it, and can't cite the Mississippi Supreme Court case on point?

Anonymous said...

8:01. We are with sky rocketing crime rate …the clinic has been open until now … people need to be responsible and abortion not it not viewed as birth control

Somebody above said...

"We will all reap what you righteous evangelical hypocrites sow and our state will be filled with unloved children turned criminals and women who have been stripped of their rights as reduced to vessels of birthing before we know it."

Hey now, those rights were already "stripped" with the recent advent of "Birthing People". Please try to stay up to date.

Anonymous said...

9:49 had no complaint when the Brennan Court was packed to the left.

Good for Thee, but not for me!

Anonymous said...

If conservatives cared a fraction for living children as they do the UNBORN, we would have no mass school shootings. There is no way. You cannot care about the life of a fetus and then not care about his life when he's six years old. Not possible. Therefore, it's really about women having sex, not the life of the unborn. They must be punished for having sex and that punishment is giving birth.

Anonymous said...

All the leftists who want abortions to be legal have another option to prevent unplanned pregnancies. Start a campaign to donate to all the folks who want vasectomies and to have their tubes tied. Donate to it yourself.

Those of us who disapprove of murder don’t have to virtue signal and go adopt black babies. We don’t have to go take in abused foster children to be against abusive parents abusing their children. IT’S NOT THE TAXPAYERS JOB TO SUPPORT ANYONE’s CHILDREN!

Anonymous said...

5:12 "I’d rather this guy be the Supreme Court than the wash outs we have now."

Judge Halford is a woman...

Anonymous said...

Thanks 8:01-----You can't say it any better than you did !!

Anonymous said...

If, you are a Buddhist @8:01, you believe that rock to be alive.

Anonymous said...

"But it's for the children...." was the beginning of politicians augmenting the administrative state for votes. It never should have been allowed...but people are gullible, sigh - ok, just stupid to fall for that crap. If everyone just owned their own affairs, then "children" wouldn't be constantly used and exploited for political power.

Anonymous said...

Debbra "Quickdraw" Halford don't play.

Anonymous said...

@ 8:01 PM & 4:27 AM -- You've had 50 years. Figured out birth control, yet?

Anonymous said...

Remember kids. Liberals don't have the high moral ground, although they try hard to rationalize it. Most of what they claim about Conservatives is just a projection of their own inner calloused hearts. Kick that ladder down. How can they claim to have an objective standard of good and evil when the demokkkrat party removed God from their platform? BY what standard do they define good without stealing from God? They must virtue signal. Liberals also apparently can't define what a woman is. Facts: the founder of planned parent hood was a racist against blacks. Facts: Abortion has killed more black kids than any other means in American history. They claim to want to help the impoverished, yet continue to kill the most vulnerable. Calling "kids" feral that are not aborted really projects their inner heart and true feelings towards the matter. Progressivism really is Regressive in nature. They are taking us back in time. God designed his creation around the nuclear family. Big Government can't be the father to the fatherless homes. We need accountability from society and you won't seem to find it on their end. Again, when you are told you are a "victim" you'll never have to take responsibility for your actions...

Anonymous said...

Flat-out wrong legal reasoning and conclusion, but a suspiciously short analysis. Passing the buck to other courts, both Federal and MSSC, is understandable considering the subject matter, but doing it with a bit more thoughtful consideration would have made it less apparent to the casual reader. Halford was an interesting choice and she (not he) signed an interesting opinion and order. The lack of citation to precedent or much of anything else might turn out to be a factor in this, as might her certainty about what the MSSC will do. Women may not have a US Constitutional right to abortion but all citizens do have the right under both state and US constitutions to due process, etc.

For those celebrating this as some sort of success, pathetically incompetent jurisprudence very often has unintended and undesirable consequences. I would suggest celebrating it because you happen to agree with the apparent result *this time* is at least ill-considered and almost certainly blatant hypocrisy. Reaping what you sow, Pyrrhic victories, and all that sort of stuff. And if anyone can can screw this up while making themselves and Mississippi an even bigger laughingstock in legal circles, I have faith that Randolph and certain fellow justices can do just that.

Anonymous said...

"Pro lifers love the unborn but don’t give a flip about the child once it’s actually out of the womb."

And, you liberals do care? All you ever do is throw money at poor in inner cities and wash your hands of it like you did something when all you've done is decimate their family structures.

Anonymous said...

Glory Hallelujah!!!

Anonymous said...

... pathetically incompetent jurisprudence very often has unintended and undesirable consequences.

Yup, Roe was exactly that.

Anonymous said...

I disagree with parts of the opinion, but I understand where the chancellor is coming from.

The plaintiff is probably going to have to push hard for a ruling on the merits so this case can get up on appeal. Issues of law are reviewed de novo, so the sooner it gets up on appeal the better.

I expect the defendants to try to drag this out, as the longer it lingers the longer the abortion ban remains on the books, so I suggest immediately requesting a trial date and a scheduling order setting a deadline for dispositive motions.

Anonymous said...

So what about Covid/Pox? Worry, don't worry, what?

Anonymous said...

@3:51, Don't be to sure, they will still find a way.

Anonymous said...

It is always amusing to read those who attempt to force and engraft their personal version of Christianity and God onto US law. It is especially so when attempted with US constitutional law or making direct or indirect "founding fathers" or originalism arguments. The "founding fathers" were deists and among the things they were adamant about was a clear and firm prohibition against mixing God and state. If a subset group attempted to make any argument, but especially a religious argument, against something generally seen as a inherent right (which encompasses all private personal matters, from choice of socks to abortion to the sexual practices among consenting adults in their own homes), the more the "founding fathers" felt it should be specifically protected from infringement.

But since they realized they couldn't possibly cover every bit of bullshit that anyone might ever come up with, they repeatedly said that if they had forgotten something or some nonsense was cooked up later, government was the thing to be presumed restricted, not the right. They also realized that society changes, which is why they provided a way to change an impermissible infringement to an acceptable law: the amendment process. The right to own a gun, the right to have an abortion, the right to vote, the right to freely worship, and the right to seek redress, along with the prohibition upon the government from infringing on those rights, all spring from the same fountain. Don't piss in it.

Anonymous said...

So, do we all agree that paid maternity leave should be the next step in Mississippi?

Anonymous said...

Give me the part in the constitution where abortion can be found. Well, let's call it what it is, baby murder.

Anonymous said...

They are giving away contraceptives, free, contraceptives, and some idiot, too lazy to use them, thinks women are being punished for having sex. Just damn.

Anonymous said...

"I disagree with parts of the opinion, but I understand where the chancellor is coming from."

Hicksville, MS?

In all seriousness, there are parts I agree with (or at least would stipulate as true and accurate). For example, I'll accept that the Court is the Chancery Court of Hines County and she did sign it on July 5, 2022. Everything on the merits between those two stipulated facts ranges from woefully incomplete to wrong to nonsense. I have no dog in this hunt but this opinion and order did nothing but unnecessarily increase the size of the party. Maybe that was the goal - to go so far afield that it created an opening to toss this ticking shitbomb the Bible-beaters and sprout-munchers just will not quit lighting back to the federal courts, where no one has to worry about elections, campaign donations, etc. If the MSSC folks weren't in on this, I imagine they are not happy.

Anonymous said...

@10:58 AM - Absolutely not. Stay home and raise your children and quit chasing the almight dollar. Do your job! It's not maternity leave, it's being a parent.

Anonymous said...

An article on wapt.com linked here about the huge increase in contraception demand, including the morning after pills tells me everything that I suspected. Women have been using abortion as birth control and now that abortion is less available they are doing what they should have been doing all along - use contraception instead of having their unborn killed.

Anonymous said...

Well, it is probably a good thing you didn't have to agree with the ruling. You probably would have gotten your little feelings hurt.

Anonymous said...

I see this ruling has given some all the excuse they need to feel justified in openly being the assholes that they are in private.

Anonymous said...

The unintended consequences are beginning to start. At least 3 letters have been signed by over 4000 lawyers, most of whom are partners some of the largest law firms in the US. The first two are on/at American Lawyer (law.com, but I don't know if the letters are reachable without an account), the first one is up about 2650 women, the second "male partners in support" one up to about 1500 signatures, and the third I've heard about but not seen yet.

So, one might ask, why would the average Mississippian care about that at all, no matter which side if any they are on? They wouldn't, at least directly because the "average Mississippian" has very little say in what the MSSC does and the results rarely affect them directly in an "in your face" way. Sure, the judges of both appellate courts stand for election (even those who are initially appointed) but the public doesn't really pay much attention to those elections. Most "average Mississippians" couldn't name many or know which one(s) are their district judges. But many lawyers, especially those who deal in appellate work, know and care. Now, as some may know but many would not, when there is a lot of money from out-of-state companies on the line, the serious lawyers are called in, the ones from the large, non-MS firms. Yes, there is a local MS lawyer involved, but they often either take marching orders or the biglaw lawyers pro hac in. Even when the Mississippi lawyers get to dance largely unchaperoned, there is often a biglaw (or corplaw) lawyer deciding who gets the cases and the fees.

Just like in any other profession, when 4-5-6000 lawyers sign such a letter, some number of signers are doing it simply to go along, score points, brown-nose, etc. They'll sign on but they'll never really do anything about it. Others are just as wild-eyed and irrational about the issue as those they oppose and no one gives much of a shit what they think. But also just like many other professions, the majority are those in middle, folks that range from a indefinite uneasiness to fully thought-out completely rational opposition. Most probably wouldn't start a crusade but if asked they'll grab a sword and help fight. It becomes yet another of many strikes against Mississippi when a corp client broaches the subject of Mississippi, its government, and its legal climate, and counsel gives the standard "a bunch of racist/homophobic/ignorant rednecks."

Mississippi's "political" actions led to Roe v Wade being overturned and abortion thrown back to the states, and even though Mississippi's own supreme court said abortion was a right under the state constitution, a state court said "probably not any more" in a very weak analysis, forcing it back to the state supreme court (and the federal court).

There is no way the MSSC can please everyone with whatever it does, but the judges ought to carefully consider who they want to upset the least and the real-world monetary consequences for the state of the decision. And those that practice in areas that involve out-of-state opinions of the Mississippi legal system might want to make their voices heard on the subject before it is too late.

Anonymous said...

Good point 4:39 but it’s a hopeless argument. MS is the poorest, unhealthiest and least desirable state in the country and our history of these statistics, downfall of our capitol, politics and recent abortion decision proved that. You would think for us to take such pride in our conservative values it would be the opposite. The joke is on us.

Anonymous said...

You self described Christians are right wing hypocrites. You are willing to force women to give birth but unwilling to protect school children with gun control. Sick.

Anonymous said...

@8:57PM Among the many things our education system needs is instruction on logical fallacies. False dichotomy and "whataboutism" does not make a coherent argument.

Anonymous said...

How and why will this decision be forced to the Federal Courts?

Anonymous said...

"How and why will this decision be forced to the Federal Courts?"

The word "forced" isn't really the correct term because no person or entity will be "forced" to file anything. However, I'm sure that there are numerous filings being considered, if not drafted, in preparation for the MSSC's decision about Fordice.

As one example of what might be filed, while Dobbs put the decision about abortion legality back on the state legislatures, governors, and courts, Dobbs did not overturn the 5th or 14th Amendments (among other sources). Neither conflict with Dobbs so as to prohibit the states from making abortion laws, but they do protect individuals from infringement upon other rights by those laws - the state can pass a law against assault that passes US Constitutional muster but it would be blocked and found infringing if it allowed the police to mete out punishment "on the scene" to anyone the police accuse of committing it.

As another potential argument, the states that "allow abortion" could seek recompense from those which ban it if any state-controlled funds support providers who provide medically justified or prescribed terminations if the funds are in any way arguably connected with providing anything other than purely elective abortions. The complaining states wouldn't have to pay directly for procedures to acquire standing, merely provide state-controlled funds to support the facilities that provide them. If those states could demonstrate a clear direct cost, things could get sporty fast.

I'm not going to go any further into hypotheticals and minutiae here and it isn't my area of practice, but given the surprisingly large number of very skilled lawyers riled up about Dobbs and its effects, I doubt it will be long before numerous federal courts are involved and pissed off.

Unknown said...

It isn't about poor innocent children. Look to South Jackson to see that. It is about controlling women and upending peacefulness. An unwanted kid is no different than an unwanted dog or cat. It can become just as feral, but it can carry a gun. Sorry dogs and cats.


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