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.

Just Posted

OUTLOOK 2019: Film productions decrease in Maple Ridge, revenue increases in Pitt Meadows

Both communities weigh the needs of the film industry and residents

Homeless camp costs total $2.8 million

Maple Ridge mayor concerned about tax increase.

SD42 trustees endorse current leadership

Trustees reelect chair and vice chair

Deadly year for bears in Maple Ridge

13 killed, higher fines needed for those who leave attractants – Mikolay

SUV smashes into Maple Ridge long-term care building

Happened at new Urgent and Primary Care Centre

VIDEO: ‘Climate emergency’ is Oxford’s 2019 Word of the Year

Other words on the shortlist included ‘extinction,’ ‘climate denial’ and ‘eco-anxiety’

Canucks erupt with 5 power-play goals in win over Nashville

Vancouver ends three-game slide with 6-3 triumph over Predators

65-million-year-old triceratops makes its debut in Victoria

Dino Lab Inc. is excavating the fossilized remains of a 65-million-year-old dinosaur

B.C. widow suing health authority after ‘untreatable’ superbug killed her husband

New Public Agency Health report puts Canadian death toll at 5,400 in 2018

Changes to B.C. building code address secondary suites, energy efficiency

Housing Minister Selina Robinson says the changes will help create more affordable housing

Trudeau appears open to safer-opioid proposal in Vancouver: mayor

The city has applied for $6 million from Health Canada to allow for the safe distribution of diamorphine

Security guard at Kamloops music festival gets three years for sexually assaulting concertgoer

Shawn Christopher Gray walked the woman home after she became seperated from her friends, court heard

Most Read