Mississippi to file arguments in landmark abortion case

United States Supreme Court Building, Washington D.C., Photo Date: September 19, 2020 | Credit: Ted Eytan / CC BY-SA 2.0 | Image Source | Image Source

The Mississippi attorney general’s office is expected to file briefs with the U.S. Supreme Court to outline the state’s arguments in a case that could affect abortion rights nationwide.

Posted: Jul 22, 2021 9:39 AM
Updated: Jul 22, 2021 4:49 PM

JACKSON, Miss. (AP) — The Mississippi attorney general’s office is expected to file briefs with the U.S. Supreme Court on Thursday to outline the state’s arguments in a case that could upend nearly 50 years of court rulings on abortion rights nationwide.

A 6-3 conservative majority, with three justices appointed by former President Donald Trump, said in May that the court would consider arguments over a Mississippi law that would ban abortion at 15 weeks. Justices are likely to hear the case this fall and could rule on it in the spring.

The case challenges rulings that have prohibited states from restricting abortion before a fetus can survive outside the womb.

Abortion rights supporters have said that if justices uphold the Mississippi law, that could clear the way for states to enact more restrictions on the procedure, including bans on abortion once a fetal heartbeat is detected, as early as six weeks.

The Mississippi 15-week law was enacted in 2018, but was blocked after a federal court challenge. The state’s only abortion clinic, Jackson Women's Health Organization, remains open and offers abortions up to 16 weeks of pregnancy. Clinic director Shannon Brewer has said about 10% of its abortions there are done after the 15th week.

More than 90% of abortions in the U.S. take place in the first 13 weeks of pregnancy, according to the Centers for Disease Control and Prevention.

The Mississippi clinic has presented evidence that viability is impossible at 15 weeks, and an appeals court said that the state “conceded that it had identified no medical evidence that a fetus would be viable at 15 weeks.” Viability occurs roughly at 24 weeks, the point at which babies are more likely to survive.

But the state has argued that viability is an arbitrary standard that doesn’t take sufficient account of the state’s interest in regulating abortion.

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.

Republican lawmakers in several states have been pushing laws designed to challenge Roe v. Wade, the 1973 Supreme Court ruling that legalized abortion nationwide. A federal district judge on Tuesday blocked an Arkansas law that would ban most abortions, ruling that the law is “categorically unconstitutional” because it would ban the procedure before the fetus is considered viable.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 468498

Reported Deaths: 9100
CountyCasesDeaths
Harrison31907468
Hinds30552569
DeSoto29532342
Jackson22868335
Rankin21016355
Lee14393214
Madison13961263
Jones13053215
Forrest12879231
Lauderdale11244292
Lowndes10148171
Lamar9972122
Pearl River8569208
Lafayette8008136
Hancock7110107
Oktibbeha6764117
Washington6756146
Neshoba6350200
Monroe6304156
Warren6267159
Panola6036122
Pontotoc599292
Bolivar5960143
Marshall5917115
Union558885
Pike5424133
Lincoln5192127
Alcorn509388
George454766
Scott447392
Leflore4377138
Tippah431780
Itawamba429192
Prentiss429074
Copiah423883
Simpson4238108
Wayne419663
Tate418999
Adams4174109
Yazoo411486
Sunflower4057104
Covington404891
Marion399699
Leake389784
Coahoma385996
Newton360273
Grenada3489100
Stone342657
Tishomingo320987
Attala318285
Jasper308261
Winston298191
Clay282672
Chickasaw277464
Clarke271784
Holmes257685
Calhoun256939
Smith241546
Yalobusha215447
Tallahatchie213849
Walthall203457
Lawrence202431
Greene202045
Perry195053
Amite191251
Webster191141
Noxubee173437
Montgomery168652
Jefferson Davis164041
Carroll158936
Tunica146533
Benton137531
Kemper136538
Claiborne124134
Choctaw123824
Humphreys122036
Franklin114127
Quitman100925
Wilkinson98335
Jefferson85832
Sharkey61620
Issaquena1916
Unassigned00

Alabama Coronavirus Cases

Cases: 757893

Reported Deaths: 12784
CountyCasesDeaths
Jefferson1082301712
Mobile694251158
Madison47738562
Baldwin35347420
Shelby34758281
Tuscaloosa32576495
Montgomery32249645
Lee21576200
Calhoun19621363
Morgan19061307
Etowah18363413
Marshall17028252
Houston15881337
St. Clair14724270
Limestone13908178
Elmore13812239
Cullman13756228
Lauderdale12909263
Talladega12124200
DeKalb11705220
Walker10047303
Autauga9371119
Blount9272146
Jackson8970132
Coffee8550150
Colbert8229160
Dale8162142
Escambia632298
Tallapoosa6255165
Covington6214153
Chilton6152128
Russell586753
Franklin558292
Chambers5155127
Dallas4569173
Marion4490114
Clarke447070
Pike439188
Geneva415999
Lawrence4002101
Winston399982
Bibb388975
Barbour334667
Marengo317778
Monroe306844
Butler305878
Pickens296166
Henry288550
Randolph288255
Hale282981
Cherokee275649
Fayette268569
Washington241844
Crenshaw226962
Clay219260
Macon211154
Cleburne205746
Lamar184638
Conecuh173337
Lowndes167856
Coosa160031
Wilcox153033
Bullock145642
Perry132430
Sumter122635
Greene117941
Choctaw71925
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