Judge Won't Block Law Banning Most Mississippi Abortions

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Judge Won't Block Law Banning Most Mississippi Abortions
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A Mississippi judge has rejected a request by the state’s only abortion clinic to temporarily block a state law that would ban most abortions. Judge Debbra K. Halford rejected the request Tuesday. Attorneys argued over abortion laws in three Southern states in response to the U.S. Supreme Court ruling that gave states the power to limit or outlaw the termination of pregnancies. Elsewhere, Florida’s new 15-week abortion ban was blocked but then quickly reinstated Tuesday. In Louisiana, the state attorney general has asked the state Supreme Court to allow enforcement of a ban on most abortions.

The Florida law makes exceptions if the procedure is necessary to save the pregnant woman’s life, prevent serious injury or if the fetus has a fatal abnormality. It does not allow for exemptions for pregnancies caused by rape, incest or human trafficking.

The Louisiana lawsuit says the law is unclear on when the ban takes effect and on medical exceptions to the ban. Tuesday’s filing by the attorney general’s office says the order blocking enforcement should be dissolved. The state attorney general's office argued that the 1998 ruling was rooted in U.S. Supreme Court decisions in 1973 and 1992 that established or protected abortion rights but were overturned on June 24. But Rob McDuff, a Mississippi Center for Justice attorney representing the clinic, argued that state justices never said their ruling was made because of the federal Constitution.

In rejecting the clinic's request Tuesday, Chancery Judge Debbra K. Halford wrote, “The plain wording of the Mississippi Constitution does not mention abortion.” She added that it is “more than doubtful” that the Mississippi Supreme Court would continue to uphold its 1998 ruling now that the U.S. Supreme Court has overturned its own previous abortion rulings.

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