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'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: 295675

Reported Deaths: 6743
CountyCasesDeaths
DeSoto19690230
Hinds18812389
Harrison16722280
Rankin12725265
Jackson12603228
Lee9691160
Madison9466203
Jones7978147
Forrest7217138
Lauderdale6836226
Lowndes6031140
Lamar588480
Lafayette5736113
Washington5218130
Bolivar4612123
Oktibbeha441493
Panola430894
Pearl River4174130
Warren4130115
Pontotoc409771
Marshall403392
Monroe3990126
Union395674
Neshoba3817169
Lincoln3544103
Hancock347975
Leflore3376118
Sunflower318986
Tate302974
Pike300796
Scott293970
Alcorn291862
Itawamba290075
Yazoo289963
Tippah278965
Coahoma278668
Copiah278158
Simpson275879
Prentiss269858
Wayne254241
Marion252778
Leake252671
Covington248980
Grenada247578
Adams234678
George231845
Newton229952
Winston221777
Jasper213445
Tishomingo212365
Attala206569
Chickasaw201152
Holmes182370
Clay179251
Stone172429
Tallahatchie170939
Clarke169371
Calhoun157928
Smith152832
Yalobusha144836
Greene127733
Walthall124240
Noxubee122831
Montgomery122639
Perry121734
Lawrence120421
Carroll118425
Amite111734
Webster110631
Jefferson Davis101931
Tunica99023
Claiborne98429
Benton93524
Humphreys92827
Kemper90223
Quitman77214
Franklin76119
Choctaw69617
Jefferson62727
Wilkinson62426
Sharkey48917
Issaquena1676
Unassigned00

Alabama Coronavirus Cases

Cases: 494421

Reported Deaths: 9991
CountyCasesDeaths
Jefferson711451374
Mobile36184735
Madison32457458
Tuscaloosa24213412
Montgomery22636517
Shelby22020214
Baldwin19790284
Lee14980154
Morgan13693251
Calhoun13307287
Etowah13192320
Marshall11269209
Houston10102261
Elmore9408185
Limestone9376134
Cullman8903181
St. Clair8839224
Lauderdale8601212
DeKalb8465175
Talladega7552164
Walker6538258
Jackson6503103
Autauga630391
Blount6106127
Colbert5993119
Coffee5254102
Dale4648107
Russell405233
Franklin399478
Covington3970106
Chilton3883100
Escambia378172
Tallapoosa3596143
Clarke343753
Chambers3421111
Dallas3412141
Pike293372
Lawrence283684
Marion283495
Winston247368
Bibb245460
Geneva240270
Marengo236557
Pickens224555
Barbour212451
Hale210668
Fayette200957
Butler197566
Henry182641
Cherokee177139
Monroe166339
Randolph163840
Washington156635
Crenshaw145254
Clay145054
Macon142343
Cleburne137841
Lamar133133
Lowndes131251
Wilcox122525
Bullock117136
Conecuh106724
Perry105827
Sumter98632
Coosa89224
Greene88232
Choctaw55123
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