'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.

Confirmed Cases: 30674

Reported Deaths: 1107
CountyConfirmedDeaths
Hinds248039
DeSoto157216
Madison129634
Jones112049
Neshoba98571
Rankin91612
Lauderdale90879
Harrison88610
Forrest86042
Scott77015
Jackson61616
Copiah60216
Washington5789
Leake57519
Holmes55141
Lee54718
Wayne54213
Oktibbeha54126
Warren51118
Yazoo5056
Leflore48651
Lowndes48312
Grenada4795
Lamar4567
Lincoln45434
Pike43112
Monroe39930
Lafayette3894
Sunflower3737
Attala35923
Covington3475
Panola3456
Newton3399
Bolivar33414
Adams31018
Simpson3103
Pontotoc2836
Tate27810
Chickasaw27618
Marion27511
Claiborne27010
Jasper2616
Noxubee2618
Winston2596
Pearl River25432
Clay24910
Marshall2263
Smith22011
Union2079
Clarke20624
Walthall2004
Coahoma1996
Kemper17814
Lawrence1741
Yalobusha1717
Carroll16411
Humphreys1479
Tallahatchie1364
Itawamba1358
Montgomery1312
Tippah13011
Calhoun1294
Hancock12613
Webster12510
Jefferson Davis1114
Prentiss1083
Jefferson1073
Greene1058
Tunica1003
Wilkinson949
Amite892
George863
Tishomingo781
Quitman760
Choctaw744
Alcorn682
Perry664
Stone641
Franklin452
Sharkey350
Benton340
Issaquena91
Unassigned00

Alabama Coronavirus Cases

Confirmed Cases: 41362

Reported Deaths: 983
CountyConfirmedDeaths
Jefferson4944152
Montgomery4021103
Mobile4005134
Tuscaloosa222642
Marshall170210
Lee135937
Madison13597
Shelby122723
Morgan10715
Walker91424
Elmore90314
Franklin88914
Dallas8799
Baldwin8469
Etowah72713
DeKalb7075
Butler62428
Chambers62427
Tallapoosa58869
Autauga58312
Russell5450
Unassigned50323
Lauderdale4896
Limestone4810
Houston4794
Lowndes46721
Cullman4394
Pike4205
Colbert3916
Coffee3732
Bullock36810
St. Clair3662
Covington3547
Barbour3472
Escambia3376
Calhoun3325
Hale31021
Talladega3037
Marengo30211
Wilcox2908
Sumter28412
Dale2820
Clarke2736
Jackson2682
Winston2543
Chilton2392
Monroe2342
Blount2301
Pickens2276
Marion21913
Conecuh2047
Randolph2009
Choctaw19512
Bibb1871
Macon1859
Greene1838
Perry1701
Henry1323
Crenshaw1253
Lawrence1070
Washington1057
Cherokee857
Geneva790
Lamar751
Fayette681
Clay642
Coosa581
Cleburne361
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