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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: 265146

Reported Deaths: 5777
CountyCasesDeaths
DeSoto17741191
Hinds16891332
Harrison14279204
Rankin11239220
Jackson10917190
Lee9071145
Madison8599169
Jones6731118
Forrest6208124
Lauderdale6121192
Lowndes5544120
Lafayette520598
Lamar505865
Washington4933125
Bolivar4126109
Oktibbeha408382
Panola386981
Pontotoc377460
Monroe3686110
Warren3685103
Marshall357170
Union356864
Pearl River3495106
Neshoba3490154
Leflore3118109
Lincoln306788
Hancock294262
Sunflower291975
Tate280662
Alcorn273154
Pike270181
Itawamba269363
Scott260048
Yazoo256756
Prentiss253754
Coahoma249755
Copiah249749
Tippah249750
Simpson242872
Leake238167
Marion224273
Grenada223972
Covington221073
Adams215171
Wayne213734
Winston207671
George204739
Newton199946
Attala197064
Tishomingo194961
Chickasaw189344
Jasper181138
Holmes172068
Clay166837
Tallahatchie157235
Stone152525
Clarke148162
Calhoun141322
Smith130026
Yalobusha123335
Walthall114537
Greene113729
Noxubee113026
Montgomery112036
Carroll106822
Lawrence106817
Perry105131
Amite102126
Webster96824
Tunica89021
Claiborne88825
Jefferson Davis88430
Benton85823
Humphreys84724
Kemper80920
Quitman7139
Franklin70617
Choctaw63713
Wilkinson59825
Jefferson56821
Sharkey45217
Issaquena1606
Unassigned00

Alabama Coronavirus Cases

Cases: 441170

Reported Deaths: 6660
CountyCasesDeaths
Jefferson646811007
Mobile31620572
Madison28310217
Tuscaloosa21525275
Montgomery19954332
Shelby19335132
Baldwin17256189
Lee13205107
Morgan12639142
Etowah12107181
Calhoun11521206
Marshall10471123
Houston9009164
Limestone834981
Cullman8274124
Elmore8214110
DeKalb7894107
Lauderdale7871107
St. Clair7854130
Talladega6481112
Walker6036183
Jackson601545
Colbert549994
Blount547386
Autauga537662
Coffee462464
Dale410785
Franklin374950
Russell357515
Chilton345473
Covington339680
Escambia335444
Tallapoosa3149109
Dallas313296
Chambers304270
Clarke300236
Pike262531
Lawrence254155
Marion253761
Winston233642
Bibb222348
Geneva211547
Marengo209331
Pickens199631
Hale185244
Barbour182738
Fayette178629
Butler174460
Cherokee165731
Henry159925
Monroe152421
Randolph146436
Washington142327
Clay130546
Crenshaw124045
Macon122337
Cleburne121825
Lamar120222
Lowndes115536
Wilcox107922
Bullock103528
Perry100018
Conecuh97922
Sumter90527
Greene77923
Coosa63618
Choctaw51924
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