Friday, March 29, 2024

Mississippi’s 15-Week Abortion Ban Struck Down by Federal Court

Afederal appeals court judge ruled Friday that Mississippi’s ban on abortionsafter 15 weeks of pregnancy is unconstitutional. Now, supporters are looking totake the fight to higher ground: the United States Supreme Court.

Theban was signed into law by outgoing Governor Phil Bryant (aRepublican who is being succeeded in office by another pro-life Republican)after it was passed by the state legislature in 2018. It would prohibitabortions that occur after 15 weeks of pregnancy. Currently, the abortion cutoff in Mississippi is 20 weeks with the only abortion provider in the statecutting off at 16 weeks.

Itwas this same abortion provider that sued the state after the ban was signedinto law. U.S. District Judge Carlton Reeves of the Southern District ofMississippi blocked the law from taking effect, and his decision is now upheldby the 5th U.S. Circuit Court of Appeals.

JudgePatrick Higginbotham wrote in his majority opinion:

In an unbroken line dating to Roe v. Wade, the Supreme Court’s abortion cases have established (and affirmed, and re-affirmed) a woman’s right to choose an abortion before viability. States may regulate abortion procedures prior to viability so long as they do not impose an undue burden on the woman’s right, but they may not ban abortions.

Thisruling does not just impact the pro-life movement in Mississippi. Governor JohnBel Edwards of Louisiana, a pro-life Democrat, signed a very similar bill intolaw in 2018. However, the Louisiana bill included a provision that would only allow the law totake effect if the Mississippi ban was upheld by federal court.

Gov. Bryant is not willing to let this latest blow deter Mississippi’s fight for the unborn. He stated: “We will sustain our efforts to fight for America’s unborn children. Mississippi will continue this mission to the United States Supreme Court.”

Will the state be able to argue its case in front of the Supreme Court? Time will tell. Even if victory does not come in the form of a higher court ruling, all pro-lifers should be encouraged by the persistence of pro-life officials in Mississippi.

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