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:
But the 15 week ban remains a go.
There is no length the baby killers will not go to. Their value system says whatever the cost.
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.
the bible thumpers need to be signing up to support forced birth babies....
....Crickets....
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.
It's not rocket science that birth control methods FAIL including IUDs tubal ligation etc.
What's the failure rate of birth control? Where are your statistics?
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.
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.
1:42 - just google it, gosh, even my middle schooler can find the relevant Wikipedia page…
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?
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?
The clinic has already stated they are moving to las cruses New Mexico per the Carlsbad current Argus.
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."
@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.
The argument from pro abortion radicals sounds like the conversation between satan and the Priest from the 1973 film, "The Exorcist".
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.
@5:13 PM - making it up as you go along to fit your progressive narrative? Got it.
She had the decision written before she traveled to Jackson yesterday afternoon.
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.
"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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