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Mississippi law update: Mississippi Abortion Clinic Open After Emergency Ruling

July 10, 2012 by Leave a Comment

U.S. District Judge Daniel P. Jordan, III, decided to temporarily block a new law in Mississippi that, if enforced, would shut down the state’s sole abortion clinic. The owner of Jackson Women’s Health Organization said on Monday it was “business as usual” and the clinic’s two physicians will continue to see patients and do abortions unless a court orders them to stop. Lawyers who know him say Jordan, a former GOP county chairman, does not play politics and, despite his personal feelings, has no ideological agenda behind his rulings.

The clinic in question, the Jackson Women’s Health Organization, filed a lawsuit June 27 challenging the new law that was to take effect July 1. The law would require anyone doing abortions at the clinic to have privileges to admit patients to a local hospital, something the clinic lacks, despite efforts to obtain such privileges. The two physicians who do abortions there have applied for hospital privileges but have not been granted them. The clinic owner said she does not expect them to be given the access, partly because she believes hospitals do not want abortion protesters outside on their sidewalks.

The owner says the law will limit women’s access to a constitutionally permitted procedure and should be overturned. The lawsuit also says the admitting privileges requirement is not medically necessary and was designed purely to limit women’s access to abortion. The closest abortion clinics to Jackson are about 200 miles away, in Louisiana, Tennessee or Alabama.

Later this week Jordan will hear arguments about whether to extend the temporary block he put on the law the day it was to take effect. The problem for supporters may end up being their own words. Backers have said they hoped the bill would result in no more abortions being performed in the state, something that could be construed as a law that has been clearly designed to place a substantial burden on women seeking the procedure. Mississippi Republican Governor Phil Bryant has said he believes the law will protect women’s health. However, before the bill was passed he also said he wants Mississippi to be “abortion-free.” No matter which way he goes the ruling will almost certainly be appealed.

If you’ve been involved in something that requires the skill of an experienced Mississippi criminal defense lawyer, please call us today at (662) 536-5656.

Source: “Daniel P. Jordan III, GOP-Appointed Judge, Hears Mississippi Abortion Law Case,” by Emily Wagster Pettus, published at HuffingtonPost.com.

Filed Under: blog, Medical Malpractice

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