4.5 (2 votes)
Healthcare Prof:
US District Judge Tom Lee on Wednesday declared unconstitutional a Mississippi law that required all abortions on girls who’re more than 13 weeks pregnant to be performed in licensed hospitals or ambulatory surgical centers, the… Los Angeles Times reports (Los Angeles Times, 6/2). Before May possibly 2004, when Mississippi Gov. Haley Barbour (R) signed the law, state law allowed abortions to be performed at clinics until 16 weeks’ gestation. Two months after Barbour signed the law, Lee issued a preliminary injunction blocking enforcement of the law in response to a federal lawsuit filed by the Jackson Women’s Health Organization in Jackson, Miss., which is the only abortion clinic inside the state. In the suit, JWHO stated the statute violates the privacy rights of females searching for abortions. Furthermore, JWHO President Susan Hill stated the clinic has applied for an ambulatory surgical center license every two years given that it opened in 1995, but the state has stated that it offers no such license. In his July 2004 ruling, Lee said he didn’t believe any abortion clinic in Mississippi could meet the law’s needs (Kaiser Day-to-day Reproductive Well being Report, 7/26/04).
Ruling Details
In Wednesday’s ruling, Lee stated the law would have prevented JWHO from qualifying as an ambulatory surgical facility, barring the clinic from offering second-trimester abortions, the AP/Biloxi Sun Herald reports. He added that the law was designed “for factors wholly unrelated to any actual safety or health concerns” and that the state knew the abortion clinic was not licensed as a hospital or ambulatory surgical center and no hospitals within the state produced abortions readily offered. Consequently, the law would make abortions “effectively unavailable within the state of Mississippi beyond the first trimester,” Lee stated, adding that the lack of access to abortion “is unconstitutional as a matter of law” (AP/Biloxi Sun Herald, 6/1). The state argued that the law is constitutional, in component because of a law signed by Barbour earlier this year that may allow JWHO to apply for a license to turn into an ambulatory surgical center. Below the measure — which was designed at the request of the governor following Lee’s preliminary injunction — JWHO must acquire the suitable certification and equipment or it is going to not be allowed to perform second-trimester abortions (Goodman, Jackson Clarion-Ledger, 6/2). Nonetheless, Lee stated without ruling the law unconstitutional, women in the state would have been left without having access to second-trimester abortions until the new law takes effect on July 1. Bonnie Scott Jones, an lawyer in the Center for Reproductive Rights who represented JWHO inside the lawsuit, said it is unclear if there will be yet another legal challenge or if JWHO can comply with the new regulations (AP/Biloxi Sun Herald, 6/1). Assistant Lawyer General Jacob Ray stated his workplace plans to ask Lee to “correct, clarify and/or reconsider the opinion.”
Reaction
“This was a genuinely important decision, specifically for the girls of Mississippi,” Hill stated (Jackson Clarion-Ledger, 6/2). Scott Jones said, “We are incredibly gratified by today’s ruling. Mississippi’s abortion laws are already among essentially the most restrictive within the country,” adding, “This newest legislation was just an additional example of anti-choice politicians professing to protect women’s wellness although relentlessly passing legislation that cuts off their access to wellness care services” (CRR release, 6/1). Even so, Pro-Life Mississippi President Terri Herring stated, “If we’re going to claim to have secure, legal abortion, the least we can do is make it secure. Unless these clinics quit at very first trimester, they are not secure,” adding, “And they are never ever safe for unborn children” (AP/Biloxi Sun Herald, 6/1).
“Reprinted with permission from kaisernetwork.org kaisernetwork.org. You are able to view the entire Kaiser Day-to-day Reproductive Health Report, search the archives, or sign up for e-mail delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Everyday Reproductive Wellness Report is published for kaisernetwork.org, a cost-free service of the Henry J. Kaiser Family Foundation . 2005 Advisory Board Company and Kaiser Loved ones Foundation. All rights reserved.