Mississippi 15-week abortion ban is blocked by appeals court

A federal appeals court says Mississippi's ban on abortion at 15 weeks is unconstitutional.

Posted: Dec 13, 2019 7:20 PM

JACKSON, Miss. (AP) — A federal appeals court declared Friday that Mississippi's ban on abortion at 15 weeks is unconstitutional, dealing a blow to those seeking to overturn the landmark Supreme Courtruling that legalized abortion nationwide.

The 5th U.S. Circuit Court of Appeals said U.S. District Judge Carlton Reeves ruled correctly when he blocked the Mississippi law from taking effect in 2018.

With the addition of conservative justices to the U.S. Supreme Court in recent years, several states have been enacting laws aimed at spurring court challenges that could eventually seek to overturn the court's 1973 abortion rights ruling in Roe v. Wade.

“In an unbroken line dating to Roe v. Wade, the Supreme Court’s abortion cases have established (and affirmed, and re-affirmed) a woman’s right to choose an abortion before viability,” the appeals court judges wrote. “States may regulate abortion procedures prior to viability so long as they do not impose an undue burden on the woman’s right but they may not ban abortions."

The only abortion clinic in Mississippi sued the state after Republican Gov. Phil Bryant signed the law. The clinic said it provides abortions until 16 weeks.

Mississippi legislators came back in 2019 and passed a more restrictive law to ban most abortions at about six weeks. The same federal district judge blocked that, too, and a legal fight over it continues.

The 5th Circuit based in New Orleans handles cases from Mississippi, Louisiana and Texas. It is generally considered one of the most conservative federal appellate courts.

Attorneys representing the state of Mississippi had argued that the 15-week law was a regulation but not a ban, and that states are allowed to regulate abortion.

A central question in the case is about viability — whether a fetus can survive outside the woman at 15 weeks. The clinic presented evidence that viability is impossible at 15 weeks, and the appeals court said that the state “conceded that it had identified no medical evidence that a fetus would be viable at 15 weeks.”

“If the Act is a regulation, then the State’s interests should have been considered,” the appeals court wrote. "Prohibitions on pre-viability abortions, however, are unconstitutional regardless of the State’s interests because ‘a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability.’”

The appeals court was quoting a U.S. Supreme Court ruling about the “ultimate decision” to terminate a pregnancy.

When Reeves ruled in November 2018 that the Mississippi law is unconstitutional, he wrote that the "established medical consensus" is that viability typically begins at 23 to 24 weeks after the pregnant woman's last menstrual period.

The Mississippi law would allow exceptions to the 15-week ban in cases of medical emergency or severe fetal abnormality. Doctors found in violation of the ban would face mandatory suspension or revocation of their medical license.

Reeves' ruling on the Mississippi law put a similar law in Louisiana on hold. The 15-week abortion ban signed by Louisiana Democratic Gov. John Bel Edwards in 2018 included a provision that the law would take effect only if a federal court upholds Mississippi's 15-week ban.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 320292

Reported Deaths: 7390
CountyCasesDeaths
DeSoto22299271
Hinds20782424
Harrison18455317
Rankin13933282
Jackson13740249
Madison10276225
Lee10068176
Jones8475167
Forrest7845153
Lauderdale7263242
Lowndes6524150
Lamar636688
Lafayette6315121
Washington5427138
Bolivar4842133
Panola4671110
Oktibbeha466398
Pearl River4610148
Marshall4576105
Warren4440121
Pontotoc426173
Monroe4163136
Union415977
Neshoba4066180
Lincoln4009113
Hancock387687
Leflore3516125
Tate342586
Sunflower339491
Pike3374111
Alcorn327474
Scott320374
Yazoo314771
Adams308586
Itawamba305178
Copiah299966
Coahoma299084
Simpson298689
Tippah292468
Prentiss284461
Leake272474
Marion271480
Covington267283
Wayne264842
Grenada264087
George252451
Newton249064
Tishomingo232469
Winston230382
Jasper222148
Attala215173
Chickasaw210759
Holmes190574
Stone188833
Clay187954
Tallahatchie180041
Clarke178980
Calhoun174232
Yalobusha167940
Smith164134
Walthall135547
Greene131934
Lawrence131424
Montgomery128943
Noxubee128034
Perry127538
Amite126542
Carroll122330
Webster115132
Jefferson Davis108534
Tunica108127
Claiborne103130
Benton102325
Humphreys97533
Kemper96729
Franklin85023
Quitman82316
Choctaw79218
Wilkinson69632
Jefferson66328
Sharkey50917
Issaquena1696
Unassigned00

Alabama Coronavirus Cases

Cases: 549394

Reported Deaths: 11328
CountyCasesDeaths
Jefferson810851571
Mobile42180832
Madison35733524
Tuscaloosa26186460
Shelby25638255
Montgomery25103615
Baldwin21921314
Lee16301176
Calhoun14725329
Morgan14650286
Etowah14192364
Marshall12465230
Houston10798289
Elmore10302214
Limestone10191157
St. Clair10166251
Cullman9975201
Lauderdale9621250
DeKalb8978190
Talladega8467184
Walker7351281
Autauga7244113
Jackson6993113
Blount6957139
Colbert6418140
Coffee5650128
Dale4931116
Russell455241
Chilton4476116
Franklin432082
Covington4283123
Tallapoosa4137155
Escambia402380
Chambers3731124
Dallas3609158
Clarke353361
Marion3264107
Pike314878
Lawrence3135100
Winston283672
Bibb268664
Geneva258782
Marengo250566
Pickens237062
Barbour234460
Hale227078
Butler225071
Fayette219763
Henry194844
Randolph187744
Cherokee187545
Monroe181041
Washington170639
Macon163051
Clay160159
Crenshaw156157
Cleburne153744
Lamar147237
Lowndes142154
Wilcox126830
Bullock124642
Conecuh113830
Coosa112129
Perry108826
Sumter106032
Greene93734
Choctaw62125
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More hot and humid conditions will be in store for our area on Friday. We will see some isolated showers and thunderstorms as the rule on Friday. All of this will be due to some bits and pieces of low pressure working their way through our area.
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