MS judge refuses to stop law that would block abortion ban

JACKSON, Miss. — A chancery court judge in Jackson, Mississippi, has ruled she will not issue an injunction that would block the state’s newly enacted abortion ban. The ruling means the new law banning abortions will take effect Thursday.

The judge in the case heard from attorneys representing the state and from attorneys representing the state’s only abortion clinic.

An attorney for the Jackson Women’s Health Organization argued the state has no business deciding whether a woman should decide to end a pregnancy.

”The decision about whether or not to carry a pregnancy to term and bear a child against your will is not something the state can force on you,” the attorney for the clinic argued.

But attorneys with the Mississippi Attorney General’s office argued that the previous ruling used by the state supreme court that a woman’s right to an abortion was part of her right to privacy was based heavily on Roe v. Wade.

The U.S. Supreme Court overturned the Roe precedent last month.

As a result, the state said the clinic’s argument has no basis anymore.

”The clients on paper have shown that they have not made the efforts needed to halt a duly enacted law,” the state’s attorney argued.

Attorneys for the state argued that Mississippi’s trigger law to ban most abortions is there to protect the unborn.

”This law is to protect women’s health and to protect the medical professionals from participating in these potentially gruesome procedures,” the state argued.

The clinic’s attorney claimed prior rulings by the Mississippi Supreme Court made a woman’s right to privacy clear and that included the right to an abortion.

“You do not become the property of the state or an appendage of the state just because you become pregnant, and the Mississippi Supreme Court in Pro-Choice vs. Fordice says that’s the law based on the Mississippi Constitution,” the clinic’s attorney argued.

In the end, the judge ruled that part of her decision was based on the clinic’s likelihood of winning when the case goes to the state Supreme Court.

In her opinion, based on overturning the federal precedents, the previous state precedents would also not stand. The Jackson Women’s Health Organization wanted the injunction so it could stay open while its legal challenges played out.

Mississippi lawmakers passed the trigger law back in 2007.

It only allows for an abortion if the mother’s life is in danger or teh pregnancy is caused by rape that is reported to law enforcement.