Judge: Mississippi 6-week abortion ban ‘smacks of defiance’

The new law would prohibit most abortions once a fetal heartbeat can be detected

A federal judge who struck down Mississippi’s 15-week abortion ban last year said during a court hearing Tuesday that the state’s legislators defied his ruling by passing a new law that sets the ban even earlier.

The new law — which is not yet in effect — would prohibit most abortions once a fetal heartbeat can be detected, at about six weeks, when many women may not know they’re pregnant.

Mississippi is one of several states enacting abortion restrictions this year in hopes that the U.S. Supreme Court, with new conservative justices, will reevaluate and maybe overturn its 1973 Roe v. Wade decision that legalized abortion nationwide.

U.S. District Judge Carlton Reeves said Mississippi legislators passed the six-week law this year knowing he had declared the 15-week ban unconstitutional because it prohibited access to abortion before viability, which is generally considered to be about 23 or 24 weeks.

“It sure smacks of defiance to this court,” Reeves said.

READ MORE: Mississippi considers strict abortion ban

Republican Gov. Phil Bryant signed the new law in March, and the state’s only abortion clinic, Jackson Women’s Health Organization, quickly sued the state.

Reeves heard arguments Tuesday on the clinic’s request that he block the law from taking effect July 1. He said he would decide soon, but did not indicate when he would issue a ruling.

“Doesn’t it boil down to: Six is less than 15?” Reeves asked.

Governors in Kentucky, Ohio and Georgia have signed bans on abortion once a fetal heartbeat is detected. Alabama’s governor signed a measure making abortion a felony in nearly all cases.

The Mississippi law says physicians who perform abortions after a fetal heartbeat is detected could face revocation of their state medical licenses. It also says abortions could be allowed after a fetal heartbeat is found if a pregnancy endangers a woman’s life or one of her major bodily functions. Senators rejected an amendment that would have allowed exceptions for pregnancies caused by rape or incest.

Hillary Schneller, an attorney for the Center for Reproductive Rights, said the Mississippi law is “clearly unconstitutional” because it bans abortion before viability.

If the law were to take effect, “Women will be forced to leave the state to obtain legal abortions … or will be forced to remain pregnant against their will,” Schneller said.

READ MORE: Trudeau says U.S. state abortion bans are ‘backsliding on women’s rights’

Mississippi Special Assistant Attorney General Paul Barnes said the new law is not an outright ban on abortion but a limitation on when the procedure can be done.

“When a fetal heartbeat is detected, our position is it is constitutional” to prohibit abortion, Barnes said. He also said the state respectfully disagrees with Reeves’ ruling on the 15-week ban.

If Reeves temporarily blocks the new Mississippi law, he would hear arguments later on the larger question of constitutionality.

Reeves asked Barnes whether a 10- or 11-year-old girl who is impregnated by rape would have to carry the pregnancy to full term if she waited too long to tell anyone what had happened to her. Barnes said he did not know whether a family court judge would allow the child to have an abortion after the fetal heartbeat is found. Barnes said the man who impregnated the girl could be charged with capital rape.

Reeves said legislators were aware the law did not allow exceptions for rape or incest. Barnes said he did not know if they knew, and Reeves responded: “Well, they speak through their statute.”

____

Emily Wagster Pettus, The Associated Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Haida Gwaii residents to be allowed conditional entry to Gwaii Haanas next month

Gwaii Haanas will reopen Aug. 1 to people who ‘attest to a set of specific conditions’ set out by CHN

Following incident at sea, fishing lodge says it will reopen despite Haida travel ban

QCL reopens July 10, says president; Haida chief councillor describes ‘dangerous’ boating encounter

More than $1.2 million announced for Masset water treatment plant upgrades

Residents of Masset, Old Massett to benefit from $1,241,500 in joint provincial-federal funding

From the archives of the Haida Gwaii Observer

50 YEARS AGO (1970): Highways Minister Wesley Black visited the islands and… Continue reading

On the Wing: Interpretation of the natural world

By Margo Hearne It’s summer on Haida Gwaii. A quieter time for… Continue reading

Horrifying video shows near head-on collision on Trans Canada

The video was captured on dash cam along Highway 1

Budget officer pegs cost of basic income as calls for it grow due to COVID-19

Planned federal spending to date on pandemic-related aid now tops about $174 billion

Sexologist likens face mask debate to condom debate: What can we learn from it?

Society’s approach to condom usage since the 1980s can be applied to face masks today, one expert says

B.C. homeowners plead for action on condo insurance crisis

Strata property fees growing bigger than mortgage payments

Indigenous man behind complaint of BC Transplant’s alcohol abstinence policy has died

David Dennis, who is Nuu-chah-nulth, argued that six-month sobriety policy is a ‘lethal form of racism’

ICBC to resume road tests in July with priority for rebookings, health-care workers

Tests have been on hold for four months due to COVID-19

Urge travellers to follow COVID-19 rules in a ‘gentle way’: B.C.’s top doctor

Cases surging in the U.S. have B.C. officials hoping the border stays shut all summer

96-year-old woman scales B.C. butte with help of family, friends

‘I did as I was told and I enjoyed every minute of it’

Most Read