Chancery Judge Debbra Halford refused to block Mississippi’s abortion ban from going into effect on Thursday despite a 1998 ruling from the Supreme Court saying the state Constitution grants abortion rights.
Special Chancellor Debbra K. Halford, speaks during a hearing Tuesday, July 5, 2022, on a lawsuit filed by Mississippi's only abortion clinic, which is trying to remain open by blocking a law that would ban most abortions in the state, in Jackson, Miss. On June 24, the U.S. Supreme Court overturned Roe v. Wade, ending constitutional protections for abortion.
Abortion rights groups had argued that laws banning abortions in the state could not go into effect until a 1998 state Supreme Court decision, Pro-Choice Mississippi v. Kirk Fordice, was overturned. The 1998 decision, the abortion rights supporters argued, could only be overturned by the Mississippi Supreme Court.
Whoops! There was an error and we couldn't process your subscription. Please reload the page and try again.“We are going to review the decision and consider our options,” said Jackson attorney Rob McDuff of the Mississippi Center for Justice. McDuff and Hillary Schneller, senior staff attorney for the Center for Reproductive Rights, represented Jackson Women’s Health Organization in Tuesday’s hearing in the Hinds County Chancery Court building.
“They depend on Roe and Casey. There is no Roe and Casey anymore. And there is no Fordice,” Stewart said, referring to the 1998 state Supreme Court ruling titled Pro-Choice Mississippi v. Kirk Fordice.Stewart had also argued the case before the U.S. Supreme Court, Dobbs vs Jackson Women’s Health Organization, that resulted in the reversal of Roe and Casey.As the issue is litigated, though, the clock is ticking on abortion rights in Mississippi.
Stewart did not try to argue that the 1998 ruling did not say abortion was a right under the state Constitution. Instead, he argued that the majority in 1998 ruled that abortion was a right under the state Constitution to be in alignment with the federal Supreme Court in the Roe v. Wade decision.
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