Sunday, July 1, 2012

Constitution Aborted in Mississipi

UPDATE: A federal judge on Sunday temporarily blocked Mississippi from enforcing the "abortion-free state" law. U.S. District Court Judge Daniel Jordan entered a temporary restraining order and set a hearing for July 11 to determine whether it should be extended.


"In this case, plaintiffs have offered evidence - including quotes from significant legislative and executive officers - that the act's purpose is to eliminate abortions in Mississippi," Jordan found.

"They likewise submitted evidence that no safety or health concerns motivated its passage. This evidence has not yet been rebutted."

The Supreme Court's ruling in Roe v. Wade (1973) established that the right to have an abortion is protected by the U.S. Constitution, which means that states are prohibited from banning abortions performed prior to the point of viability. Roe originally established viability at 24 weeks; Casey v. Planned Parenthood (1992) shortened it to 22 weeks.

In Mississippi there is only one abortion clinic that services the entire state, and it only performs abortions up to 16 weeks. One strategy used by the anti-abortion movement involves driving abortion clinics out of business, which arguably serves the same function as a state-level ban.

The state’s only abortion clinic filed suit in federal court on Wednesday to stop a law from taking effect that it says will effectively ban the practice in Mississippi. The clinic, the Jackson Women’s Health Organization, said the law, which is to go into effect on today Sunday, is unconstitutional and imposes “medically unjustified requirements on physicians who perform abortions.”

The law says anyone doing an abortion at a clinic must be an OB-GYN with privileges to admit patients to a local hospital. A clinic spokeswoman says the three physicians who work there are OB-GYNs but do not have admitting privileges, which can be difficult to obtain.

Gov. Phil Bryant, who made a sworn to protect and obey the Constitution, says he hopes the law will make Mississippi "abortion-free" state.

The Mississippi Department of Health says it will inspect the clinic on Monday for compliance. If the clinic cannot meet the new state law requirements, then it will have the right to appeal and begin an administrative process that could take several months. But, clinic president Diane Derzis says, employees would be subject to arrest and fines of up to $2,000 a day if the clinic stays open. So, it would essentially be forced to close.

"It's an absolute tragedy," Derzis said. "No one wants to talk about abortion. No one wants to think about abortion until they're there," she said.
Updated. Judge Jordan extended his previous order July 11. The clinic still will be open until final decision is made.
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