Monday, June 27, 2022

Whoa! Mississippi Supremes OK'ed Abortion as Constitutional Right in 98

 Well, well, well.  the abortion fight in Mississippi got even crazier.  Pro-life advocates have been high-fiving Friday.  Press releases praising the Dobbs decision swamped reporters.  Pro-choicers gnashed, rent, and swore.  However, apparently everyone forgot all about a wee, little case from 1998.  The Mississippi Supreme Court ruled in Pro-Choice Mississippi v. Fordice that a right to abortion existed in the Mississippi Constitution. 





So is this losing the battle but winning the war or winning the battle but losing the war?  

79 comments:

Bill Dees said...

It's not "a wee little case". It's immune from the US Supreme Court's decision overruling Roe and Casey.

Anonymous said...

No wonder you get called a midwit! 😂
You only learned about this from one of your commenters 🤣

Anonymous said...

KF, I think you meant "rant" or "ranted?"

"Pro-choicers gnashed, RENT, and swore."

Signed/ Your volunteer editor.

Anonymous said...

Too bad no one mentioned that to Lynn Fitch. Since we are now back to state's rights the Mississippi Constitution will prevail.

Lynn, Lynn, Lynn... said...

Now just wait a darn minute. Didn't she personally present this to SCOTUS? Will some staffers be thrown under the bus?

Anonymous said...

Well, since it was based on the now non-existent imaginary US constitutional "right" to an abortion, it won't matter much. "Held. The Constitutional does not confer a right to an abortion."

Anonymous said...

One would have thought Fitch’s crack legal team wouldn’t have overlooked that one

Anonymous said...

Lynn, put those "Lynn Fitch for Governor" signs in storage.

Anonymous said...

It will take awhile to get through the process to get before the MS Supreme Court, but they can reverse the previous MS ruling just as the U.S. Supreme Court did.

Anonymous said...

State constitutional amendment coming in 5…4…3…2….

County Cletus said...

Indeed that was to abort Fordice. Right ?😏

Fitch is an Empty Suit said...

Oops, she takes it all the way to the SCOTUS and doesn't realize that there is already state law protecting abortion. The latest SCOTUS opinion presumably doesn't override that because that opinion leaves the baby killing up to the states to decide.

Lynn, maybe another law suit against the Chicoms will help ease the pain?

Anonymous said...

I've been hearing a lot about how this decision should belong to the states. I guess now we'll find out whether that was just convenient lip service.

Good job, once again, KF

Anonymous said...

Don’t worry, New South, you can use your state’s ballot infinitive process.

D’oh

Anonymous said...

629 - go back to your watching Perry Mason for your law education. The US Supremes stated nothing about abortion, other than it was not a right found in the FEDERAL Constitution. The Supremes said nothing about what any state constitution could say - other than it was a state's decision, not the federal governments.

So - your idea falls flat on its face; but thanks for playing.

OleMiss Diamond Girl Parent Assn said...

We’re saved!

Anonymous said...

Oh Lynn, egg on the face…

(Just imagining her meltdown once she hears about it…)

Anonymous said...

🤣🤣🤣🤣🤣🤣🤣🤣

Anonymous said...

Uh, better read the cases and ruling. Example: "The Fifth Circuit determined that Mississippi's laws were similar to the Pennsylvania laws which the United States Supreme Court ruled facially constitutional in Casey. Barnes I, 970 F.2d at 14-15. Applying the undue burden standard announced in Casey, the Fifth Circuit determined that the differences between the Mississippi and Pennsylvania laws were not sufficient to render Mississippi's laws facially unconstitutional. Id. at 15." Etc etc. This is NOT a "clever" workaround. Get a grip.

All these items were addressed in Dobbs.

But, hey, string things out for awhile, kill a few more babies to honor Satan and collect donations from rich white liberals. It's not just a good living, it's a good living killing babies."

Anonymous said...

Just because the MS Supreme Court held that there is an implied right to abortion in the MS Constitution does not mean the State’s 15 week limit isn’t valid. An outright ban would not be legal, obviously, so either the 15 week limit remains, or crack lawyers from all sides will go back to court over the continuing validity of the Fordice case. Hell, I would not be surprised if the 15 week limit gets challenged as an undue burden on “birthing persons” seeking to exercise their State constitutional right to abortion. The 15 week limit on abortion is ripe for challenge. What a shit show.

Anonymous said...

The 15-weeks was written into the law to placate the black community. That extra time is needed to be able to sex the fetus via ultrasound. Otherwise a woman knows that she is pregant much sooner than 15 weeks. Those donors don't want a girl baby, so it's off to the abortion mill.

Anonymous said...

7:43,Dobbs didn’t address the State Constitution. No, Dobbs isn’t dispositive. Get a grip.

Perhaps the conservatives in this state can change their tube on Dobbs now that his name is on the Opinion that they’re celebrating.

Anonymous said...

@7:46 read the opinion. Your wrong. 15 weeks is too early for quickening

@8:34 go back to 1934

Anonymous said...

I had to rewrite this 3 times to make sure I was conveying my message in a way as to make all sides think. We are placed here to make a difference in this world. Ask yourself what positive influence you did and look back on that. It makes you swell with pride that you did something great to advance the betterment of man and your profession and your family. …….now think what would have happened if your mother who you dearly love would have aborted you. Life is good. Share it, love it, cherish it, and know that there are people who will not judge you. As I look at my grandchildren I feel like I’m the luckiest guy in the world. Thank you for letting me say this. I as a father and grandfather don’t know what a person goes through when they find out they are pregnant but I will say this. Just this week I found out my two oldest daughters are pregnant and one thought she couldn’t bear children. I’m
A Lucky man. Throw venom at me as you wish but tonight as I go to bed I know that I’m a lucky man.

Anonymous said...

How does this make Lynn look bad? She birthed one heckuva SCOTUS case.

If the local Jackson chapter of the Manson family, aka Jackson WHO, want to petition, they won't be on solid ground now that the highest court in the land has issued their ruling in Dobbs.

Anonymous said...

I guess now the states courts will preoccupied with the abortion issue for the next five years or so.

Between abortion, guns, discrimination against gay people, and other political footballs, I'm surprised the courts have time left over to tend to any of the business of those of us who aren't trying to win the next election.

Those who make their livings off of politics have worn me out. I really wish they would all go stand quietly in a corner for a few years. I need a break.

Yossarian said...

@ 9:07

Dobbs addressed abortion under the US Constitution. Kicked it back to the states.

State Supreme Court said abortion guaranteed under MISSISSIPPI constitution.

Legal Translation: Fitch’s team of mediocre third tier law school tweens forgot to vet their case under state law.

Broken down Barney Style translation: Bozo the Clown just smacked a cream pie in Fitch’s face before a national audience.

Millennial Translation: FATALITY

do they smoke it if they got it? said...

Crack legal team in Mississippi?

You betcha!

Anonymous said...

No, SCM did NOT hold that abortion is guaranteed under MS Con. It based the opinion entirely on Federal precedents that have now been overturned. Get a grip. Unlimited abortion in MS is as dead as the babies murdered under this barbaric practice. READ the rulings. You and it are just too stupid to realize it yet.

Anonymous said...



Sometimes you egt the justice you need.

Sometimes you get the justice you paid for.

Rarely does a state get both, and so richly deserve it!


Ooops!



Anonymous said...

Hate to say it - other reasons than personal, but

10:44 is correct. Lynn Fitch overstepped her mediocre law school degree

Don't give a damn about the issue. Let them eat cake - on both sides. But this shows what the "gender woman, who's only issue has been woman, since the beginning" has nothing to show but ---------------------- her ignorance.

Thanks Lynn. You can go back and shore those Lynn for Gov signs in a warehouse. Take out a long,long term lease. You have fooled enough of your "women noin laww, all except for your woman ex law" vote that you can pump this for.

Anonymous said...

7:43, The Fifth Circuit doesn’t get to decide Mississippi state law.

Anonymous said...

None of this matters! AG Fitch won big on the national stage and she will be Governor and maybe even POTUS!

Alt Wrong said...

“ we find that the state constitutional right to privacy includes an implied right to choose whether or not to have an abortion.”

Read the opinion before commenting. In reaching its decision on constitutionality the court cites almost exclusively to MS Supreme Court cases.

Anonymous said...

@ 5:42

Dude, there are limits. POTUS?

Anonymous said...

5:42 - 🤣😂🤣😂

Anonymous said...

You ungodly folx will find a way to murder your own offspring. The self-own is enormous. So many Darwin awards, so little time.

Anonymous said...

Look on the bright side, 7:43 p.m. All these innocent babies go directly to Heaven, right? The only persons who will face final punishment will be the mother (who you hate) and the abortion provider - who are we to get in the way? Let God sort that out.

Anonymous said...

If you fault the Attorney General for not raising this "new" case in Dobbs, you are too simple to weigh in on this topic. The Plaintiff should have alleged the 15 week ban also violated the Mississippi Constitution, then the issue would have been litigated. Why would the defendant (appellant) raise additional arguments that should have been asserted by the plaintiff (appellee)?

Anonymous said...

I had to rewrite this 3 times to make sure I was conveying my message in a way as to make all sides think. We are placed here to make a difference in this world. Ask yourself what positive influence you did and look back on that. It makes you swell with pride that you did something great to advance the betterment of man and your profession and your family. …….now think what would have happened if your mother who you dearly love would have aborted you. Life is good. Share it, love it, cherish it, and know that there are people who will not judge you. As I look at my grandchildren I feel like I’m the luckiest guy in the world. Thank you for letting me say this. I as a father and grandfather don’t know what a person goes through when they find out they are pregnant but I will say this. Just this week I found out my two oldest daughters are pregnant and one thought she couldn’t bear children. I’m
A Lucky man. Throw venom at me as you wish but tonight as I go to bed I know that I’m a lucky man.


tell us you live in a bubble, without telling us you live in a bubble.

Anonymous said...

Haven’t read Fordice opinion, not planning to read it. Regardless if Fordice was based on State law or federal law, regardless if those laws have been overturned or not. Fordice is the law in Mississippi until it is overturned.

Anonymous said...

@7:59 & 8:05

You laugh but Kamala Harris is VPOTUS and a heartbeat away from POTUS.

Lynn Fitch is infinitely more capable than Kamala Harris and they are on the same exact career path.

Anonymous said...

The Clarion-Error headline said it; I believe it; and that settles it.

Anonymous said...

@9:28

Fitch can't be POTUS because she can't speak in public without a script. Prove me wrong, put your future also-ran before a camera that isn't operated by her staff

Anonymous said...

All you legal experts, I'm not so sure this is a slam dunk. If I understand the trigger law it does not say a pregnant woman has no right to an abortion. I think it says that no one (other than the mother herself) can provide or aid in an abortion in Mississippi. So if a Mississippi resident seeks an abortion but can't get help in Mississippi she either does it herself or goes out of state. No criminal consequences. She was within her rights. How does that conflict with the Fordice case?

How about it?

Anonymous said...

I just received a patent on a new type of morning water drink which will end this debate forever.

One bottle of this hydration cleansing potion and there is no chance for a baby to be born.

It will be available in Lynn green, Tate puddin, Delbert cheese, and Redneck cider.

So y’all can keep on screwing and living!

Cooter flush….soon in a store near you

Anonymous said...

Hey 10:38!

Can you use this Cooter flush stuff by putting it In Thorough the Out Door? (asking for a friend!)

It sounds like it will be popular in some parts!

Billy Bob (not the friend with a question!) want's top know have you tried usin it as a fuel treatment on that ethanol gas? We can't find any diesel power weed whackers ever since the supply chains got unlinked!

Anonymous said...

The Speakah will shit his britches and get in high gear immediately...unlike the malaise and inaction he caused when medical marijuana was punted out the window by the same Supremes.

While he's busy on radio claiming credit for the Roe overturn, he better find time to get this right.

However, I do recall that at one point, Mississippi law, upheld by the Supremes, held that anal intercourse (called sodomy) was illegal.

Anonymous said...

Following up on 6:58, here's an excerpt of the Fordice opinion at paragraph 29:


"In In re Brown, we determined that the state constitutional right to privacy prevented the State from compelling a Jehovah's witness, who was a critical witness in a murder trial, to accept blood transfusions which would increase her likelihood for survival. We stated, "Each individual enjoys a right of privacy. Each of us has a right to the inviolability and integrity of our persons, a freedom to choose or a right of bodily self-determination, if you will." In re Brown, 478 So. 2d at 1039."

So no, the Foridice Court did not "base[] the opinion entirely on Federal precedents that have now been overturned," as alleged at 11:27 p.m. It is based, at least in part, on a religious freedom case. Hows that for irony?

Anonymous said...

Rob McDuff is representing the women’s clinic. Lynn Fitch is representing the State of Mississippi. This scenario is why you should elect a real lawyer to be Attorney General and not a politician. Sorry for your loss “pro lifers.”

Anonymous said...

@10:29 AM - Joe Xiden became POTUS and he can't speak without the TOTUS (Teleprompter of the United States) in front of him, let alone tie his shoes without help.

@9:28 AM Correct, Harris is dumber than a box of rocks. She is also very anti-gun (except for the ruling class). She abolished California's Bureau of Narcotic Enforcement, the nation's oldest drug enforcement agency, and created a firearms enforcement bureau with the money, with the help of former governor Moonbeam.

She was a loser as DA of San Francisco.

Next in line is Pelosi, but that could only happen if POTUS and VPOTUS succumbed at the same time. What could possibly go wrong?

Anonymous said...

10:38 Is the outright winner!!! Cooter Flush - you better trademark that one quickly

Anonymous said...

The foaming at the mouth, baby killers, are grasping at any hope to maintain their slaughtering of the innocent.

This may cause a delay, but only until the State Supreme Court can revisit. With the U.S. Supreme Court making their ruling, the State will follow.

What kind of person hates babies so much that they are consumed by the desire to murder them?

Anonymous said...

Oh please have fun trying to amend MS's Constitution!
I say this as someone on long ago Constitution Commission.
You will terrify the Delta folks should you open that can of worms! People might actually learn there are parts of it that are gobbledygook!

Alt Wrong said...

@ 10:38

So by your logic the the legislator couldn’t ban the ownership of firearms but could ban their sale?

Of course Mississippi can’t punish a citizen for acting in accordance with laws of another jurisdiction while in said jurisdiction.
Believe it or not the state of Mississippi doesn’t have the power to regulate interstate commerce.

This complaint will make its way to the MS Supreme Court, at which point the court will almost certainly overrule Fordice.
However, until the case has been overturned it’s likely we’ll see a TRO preventing the enforcement of the trigger law as unconstitutional.

Anonymous said...

"Harris is dumber than a box of rocks."

So still 100x smarter than Trump.

Anonymous said...

When you see a liberal, you don't have to wonder what they are thinking. Inside that mostly empty cranium is a picture of Donald Trump. Along with that picture is the recording of Willie Nelson singing, "Always on my mind".

Anonymous said...

Unlike the Supreme Court, the justices of the Mississippi Supreme Court will follow the law. You either amend the constitution or you have a referendum, neither is going to happen anytime soon. I expect more clinics to open to accommodate the folks from surrounding states that have actual laws that will outlaw abortion.

Anonymous said...

12:29 I assume you are doing your part for unwanted babies and have adopted half a dozen or so.

Anonymous said...

The bottom feeders of the medical profession:

Abortionists
"Medical" marijuana Rx writers

Anonymous said...

@3:29 PM - using your logic if you don't like your child, wife, brother, sister, parent, you just kill them. Judgement day is coming, fool.

Anonymous said...

@ 4:36

I didn’t know Trump University had a medical school

Anonymous said...

4:39 - but I don’t believe in your judgement day. And it looks like you don’t either. If your god is almighty, why don’t you trust him that he will punish us sinners eventually. You seemed to be very insecure in your belief.

Anonymous said...

It relied heavily on Roe. The current Mississippi Supreme Court justices will overrule it very quickly.

Alt Wrong said...

@3:23 you’re incorrect, the MS Supreme Court will not have to “violate” the constitution or law by overruling Fordice, once the court reinterprets the constitutional provision allowing for abortion the law changes.

SCOTUS didn’t violate the law by overruling Plessy v. Ferguson in Brown v. Bd. of education. Neither did they in Dobbs, the interpretation is dubious in my opinion, but that doesn’t make it illegal.

Anonymous said...

4:39: Here's one for you, from the King James version, since I suspect that's the only translation you think is legitimate:

"but whosoever shall say, Thou fool, shall be in danger of hell fire." Matthew 5:22

Anonymous said...

Just jump toConclusion.

https://scholar.google.com/scholar_case?case=11815277634820147114&q=Fordice+abortion&hl=en&as_sdt=4,25

Anonymous said...

@6:07, are you the brother of @4:39, if not he/she/it, has no worries. Just like a liberal, to take things out of context.

Anonymous said...

How did Fitch miss this? There are only a handful of modern state abortion cases. She could have literally asked an intern.

Anonymous said...

@8:27

Lynn’s interns are too busy monitoring the comments on this site and commenting back

Anonymous said...

The laws the law abortion is legal in Missippi !

Yossarian said...

Fun Question:

If Fitch, the State's chief LEGAL officer, had not been ignorant of this binding LEGAL State constitutional precedent, wouldn't she and her office have been ethically bound to file a State lawsuit to block the unconstitutional statue prior to its effective date????

In other words, has Fitch's legal incompetence, and that of her office, placed her on the wrong side here? Isn't she supposed to protect the constitution as interpreted by the Court here in Mississippi?

Inquiring minds want to know. I am sure Lynn's office should know?

Anonymous said...

If I was marshal Ramsey: Lynn Fitch, big gun with trigger law, blows up in her face Wiley coyote style

Anonymous said...

If Fitch hadn’t fired everyone in the office born before 1998, she wouldn’t have egg on her face.

Anonymous said...

Man, I just love these folks spoutin' old timey language from a 2,000-year-old book written in the middle east. Means so much to me.

Anonymous said...


716 So.2d 645, 665-66 [yep, mostly on page 666], ¶72-73 (Miss. 1998):

"¶ 72. A federal court may not interpret the State Constitution. We reserve
the "sole and absolute right" to interpret the Mississippi Constitution. Penick v. State, 440 So.2d 547, 551 (Miss. 1983). While the federal courts are free to determine the constitutionality of abortion statutes based on a federal analysis, the State reserves the right to determine state constitutionality. The Barnes Courts had no authority to decide whether the abortion statutes violate the Mississippi Constitution. The doctrine of res judicata, therefore, provides the State no relief from Plaintiffs' claims.

CONCLUSION

¶ 73. The chancellor found that the right to an abortion was protected under the right to privacy implicitly found in Mississippi's Constitution. While we affirm the chancellor's conclusion that abortion is protected by the Mississippi Constitution, we emphasize that the Constitution does not explicitly provide protection for a right to abortion. The right to privacy in article III, § 32, of the Mississippi Constitution encompasses the right to autonomous bodily integrity. The right to choose to have an abortion, like many other medical procedures, is included in the right to autonomous bodily integrity. While we do not find the Mississippi Constitution to provide an explicit right to an abortion, abortion is protected within the penumbras of the right to privacy."

This won't be that easy to just brush aside and not cause a lot of embarrassment and unforeseen consequences, but I have complete faith in at least 6 or 7 of our current Justices to really be able to FUBAR on this. I gotta say, Randolph is the one I'm picturing, not Fitch. He isn't very bright but at least he is experienced enough to have a vague understanding of where this leaves him and his Court.

Anonymous said...

It will be easy to fix this legal conundrum. We'll take a page from the Democratic play book and say the Russians did it.

That wasn't the original ruling of the court. The Russians hacked the computer system and changed the ruling. Sounds good, right?

Anonymous said...

@8:57

Be careful Lynn might tweet that

Anonymous said...

@Yossarian

This really isn't a problem for Fitch. All the trigger law requires is that she find it reasonably probable that the law will be found constitutional.

Who would put money that the Mississippi Supreme Court won't find the trigger law constitutional if it is challenged based on the Mississippi constitution? The MS Supreme Court will just overturn the fordice case. I believe there is case law saying that they generally interpret the state constitution consistently with the federal constitution, but even if there isn't, they will just point out the court was wrong originally just like the US Supreme Ct did.

I think Fitch is on pretty safe ground saying it's reasonably probable the trigger law will be found constitutional.



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