'Here we go again': Judge blocks Mississippi abortion ban

MGN Online

A federal judge on Friday temporarily blocked a Mississippi law that would ban most abortions once a fetal heartbeat is detected, at about six weeks of pregnancy.

Posted: May 24, 2019 5:15 PM

JACKSON, Miss. (AP) — A federal judge on Friday temporarily blocked a Mississippi law that would ban most abortions once a fetal heartbeat is detected, at about six weeks of pregnancy.

"Here we go again," U.S. District Judge Carlton Reeves wrote in his order. "Mississippi has passed another law banning abortions prior to viability."

His new order stops the law from taking effect July 1. Reeves is the same judge who struck down a 2018 Mississippi law to ban abortion at 15 weeks.

Mississippi is one of several states that have pushed this year to enact bans on early abortions. Opponents of abortion are emboldened by new conservative Supreme Court justices and are looking for ways to challenge the court's 1973 ruling that legalized abortion nationwide.

Reeves heard arguments Tuesday from attorneys for the state's only abortion clinic, who said the law would effectively eliminate all abortions in Mississippi because cardiac activity is often first detectable when many women may not know they are pregnant. Lawyers with the state attorney general's office said the law should be allowed to take effect because it is not a complete ban on abortion but is, rather, a limit on when the procedure could be done.

Alabama's Republican governor recently signed a law to ban most abortions. Georgia, Kentucky, Louisiana, Mississippi and Ohio have enacted or neared approval of measures barring abortion once there's a detectable fetal heartbeat. Missouri lawmakers approved an eight-week ban. All of those laws are expected to face legal challenges, and the Kentucky one was temporarily blocked by a federal judge in March.

Reeves ruled last year that Mississippi's 15-week ban is unconstitutional because it would prohibit access to abortion before a fetus could survive outside the pregnant woman's body. Viability is generally considered to be about 23 or 24 weeks.

In an indication of which way he is leaning on the request to block the new law with the earlier ban, Reeves asked attorneys Tuesday: "Doesn't it boil down to: Six is less than 15?"

Also during the hearing, Reeves criticized Mississippi lawmakers for passing an earlier ban after he struck down the one at 15 weeks.

"It sure smacks of defiance to this court," he said.

Reeves will hear arguments later about the question of whether the six-week ban is constitutional. He wrote Friday that the new law "prevents a woman's free choice, which is central to personal dignity and autonomy. This injury outweighs any interest the State might have in banning abortions after the detection of a fetal heartbeat."

The state is appealing Reeves' ruling on the 15-week ban, and Republican Gov. Phil Bryant signed the new law in March. The state's only abortion clinic, Jackson Women's Health Organization, quickly sued the state.

On the day of the bill signing, Bryant said he was not worried about the guarantee that abortion rights groups would sue the state.

"If they do not believe in the sanctity of life, these that are in organizations like Planned Parenthood, we will have to fight that fight," Bryant said. "But it is worth it."

The Mississippi law says physicians who perform abortions after a fetal heartbeat is detected could face revocation of their state medical licenses. It also says abortions could be allowed after a fetal heartbeat is found if a pregnancy endangers a woman's life or one of her major bodily functions. Senators rejected an amendment that would have allowed exceptions for pregnancies caused by rape or incest.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 145636

Reported Deaths: 3745
CountyCasesDeaths
DeSoto973199
Hinds9668197
Harrison6898109
Jackson6178119
Rankin5319100
Lee487695
Madison4666106
Forrest371386
Jones346788
Lauderdale3355144
Lafayette317549
Washington3122107
Lamar283449
Oktibbeha240861
Bolivar240184
Lowndes229763
Neshoba2177115
Panola215849
Marshall209650
Leflore201490
Pontotoc196128
Monroe191477
Sunflower190555
Lincoln186865
Warren172657
Tate165451
Union163925
Pike160658
Copiah159540
Yazoo152039
Scott150729
Coahoma148743
Itawamba148234
Pearl River146567
Alcorn146327
Simpson145153
Prentiss141230
Adams137949
Grenada137745
Leake131943
Holmes126561
Tippah123030
George122324
Covington119737
Winston119124
Wayne116223
Hancock115939
Marion111646
Attala109833
Tishomingo106542
Chickasaw104132
Newton103629
Tallahatchie96327
Clarke88853
Clay87127
Jasper81222
Walthall75328
Stone73114
Calhoun72913
Montgomery72125
Carroll70614
Lawrence70314
Yalobusha70027
Noxubee69717
Smith69616
Perry65426
Tunica59619
Greene58422
Claiborne57616
Jefferson Davis55017
Humphreys52918
Amite51814
Benton48717
Quitman4816
Webster42114
Kemper41918
Wilkinson38722
Jefferson34211
Franklin3265
Choctaw3117
Sharkey30717
Issaquena1124
Unassigned00

Alabama Coronavirus Cases

Cases: 239318

Reported Deaths: 3532
CountyCasesDeaths
Jefferson31391491
Mobile19562361
Tuscaloosa12813154
Madison12741146
Montgomery12198235
Shelby1000577
Baldwin847398
Lee764466
Morgan634348
Calhoun6112115
Marshall607954
Etowah606565
Houston517038
DeKalb474736
Cullman428038
Limestone413744
St. Clair409055
Elmore400762
Lauderdale393653
Walker3588108
Talladega343453
Jackson307624
Colbert301941
Blount285539
Autauga268641
Franklin247833
Coffee239715
Dale230354
Dallas224531
Russell22053
Chilton219638
Covington216833
Escambia197431
Chambers173749
Tallapoosa173391
Pike157514
Clarke156319
Marion136535
Winston129923
Lawrence124836
Geneva12028
Pickens119418
Marengo119124
Barbour117010
Bibb116217
Butler114441
Randolph100921
Cherokee100824
Hale94531
Clay90223
Washington90219
Fayette87316
Henry8496
Lowndes79129
Monroe78111
Cleburne75714
Macon72321
Crenshaw70730
Bullock69119
Conecuh68314
Perry6756
Lamar6508
Wilcox63118
Sumter57122
Choctaw41913
Greene41418
Coosa3374
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