Pro-life activists outside the Jackson women’s health organization, Mississippi’s only abortion clinic.
(AP Photo/Rogelio V. Solis)
JACKSON, Miss. – A Federal judge on Tuesday temporarily blocked a new Mississippi law, which forbids abortion after 15 weeks of pregnancy — the most restrictive abortion law in the United States.
The law came into force, as soon as Republican Gov. Phil Bryant signed on Monday. The state’s only abortion clinic, Jackson Women’s Health Organization, sued the fast in the state, with the argument that the law is unconstitutional because it is abortion weeks of bans before a fetus can survive outside the womb.
U.S. District Judge Carlton Reeves heard arguments Tuesday before the granting of the clinic immediately, the request would block for a preliminary injunction, the law during the legal battle.
“The Supreme court says, every woman has a constitutional right to ‘privacy’ in relation to your body,” Reeves wrote in a brief decision, which cited previous legal rulings about termination of pregnancy. “The law protects your choice”, an abortion prior to viability.’ States may not ‘prohibit any woman to do the final decision’.”
Reeves said in court that the “ultimate question” is whether a state prohibition of abortion before viability. He asked: “Has the state the right to trump the woman’s right to control over your decisions about your body?”
Reeves is not the rule of the Bank, but granted the injunction, about an hour later, noting that the lawyers for the clinic, said a woman who planned to be at least 15 weeks pregnant, an abortion Tuesday afternoon.
One of those lawyers, Rob McDuff, said the woman’s next available date is March 28 would be because of doctors to work trips from outside of the state. He said the clinic does not perform abortions after 16 weeks of pregnancy, and 28. March, put her on it.
The law and the response to challenge, a confrontation sought by abortion opponents who hope, in the courts of the Federal abortions are ultimately forbid, before a fetus is viable. Current Federal law does not.
Some legal experts have said that a change in the law is unlikely, unless the makeup of the Supreme court of the United States is changing in a way that favors abortion opponents.
Dr. Sacheen Carr-Ellis, medical Director of the Jackson Women’s Health Organization, argues in the lawsuit, the viability varies from pregnancy to pregnancy depending on the health of the mother and of the fetus, but that “not a fetus is viable after 15 weeks of pregnancy.”
Paul Barnes, special assistant state attorney general, argued that the law serves Mississippi’s “interest in the protection of the health of mothers and the interests of the state to protect unborn life.” He said, to define the medical advances and court decisions, more ability to live earlier. He said viability was about 28 weeks, when the Supreme Court Roe v. Wade decision, abortion was legalized nationwide, passed in the year 1973, and it was defined as about 23 or 24 weeks in the recent case law of the European court of justice.
Reeves said in his order, the Mississippi, the medical consensus law “places of life ability in 15 weeks, so about two months earlier than where it is.”
McDuff said the law holds women to “make their own decisions about to wear whether any of the children.”
“There was no case in which a law a ban at some point prior to viability is confirmed, in the main, in the face of a constitutional challenge,” said how to do this McDuff.
The law’s only exceptions, if a fetus has health problems, so that it is “incompatible with life” outside the womb at full term, or if a pregnant woman or an “important body function” is threatened by the pregnancy. Pregnancies resulting from rape and incest are not excluded.
Mississippi so far, with North Carolina tied for the nation’s most stringent abortion limits, at 20 weeks. Both States count pregnancy from the first day of a woman’s previous menstrual period, i.e., their restrictions came in about two weeks, before the start of the member States whose 20-week bans at the time of conception.
The case against the 15-weeks-ban argued that it was against BGH judgments have said, can not restrict a state that abortion before a child can survive on its own outside the womb.
The suit says the hospital carried out 78 abortions in the year 2017, when the fetus was identified as 15 weeks of age or older. This is carried out from about 2,500 abortions, across the country, mainly in the clinic.
Carr-Ellis, in an affidavit, said the law would strip license, your Mississippi medical, if you continue to perform abortions on women after the 15-weeks-ban. She said that women should not be forced to carry their pregnancies to term against their will, or allow you to get the state, abortions.