Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

August-14-14

Mississippi Attorney General Pushes Circuit Court to Close the State's Last Clinic

Mississippi Attorney General Jim Hood is asking the full US Circuit Court of Appeals for the Fifth Circuit to reverse a panel decision that upheld a preliminary injunction of Mississippi's TRAP law, allowing the state's only abortion clinic to remain open.

Just weeks ago, a panel of the Fifth Circuit Court of Appeals upheld a preliminary injunction barring implementation of HB 1390, Mississippi's 2012 TRAP (Targeted Regulation of Abortion Providers) law that requires doctors to gain admitting privileges from an area hospital. Because HB 1390 would have effectively shut down the Jackson Women's Health Organization (JWHO), the last abortion clinic in the state, the Court ruled that the law placed an "undue burden on the exercise of the constitutional right" of an individual to choose an abortion.

"Mississippi may not shift its obligation to respect the established constitutional rights of its citizens to another state." the Fifth Circuit panel said. "Such a proposal would not only place an undue burden on the exercise of the constitutional right, but would also disregard a state's obligation under the principle of federalism - applicable to all fifty states - to accept the burden of the non-delegable duty of protecting the established federal constitutional rights of its own citizens."

The state of Mississippi, however, argues that this rationale is misplaced in the context of abortion. Hood is formally asking the entire Fifth Circuit Court - which handles cases in Louisiana, Mississippi, and Texas - to reverse the panel's decision and allow the state to enforce HB 1390, arguing that the court's decision contradicts a ruling issued by a different panel of Fifth Circuit judges in Texas. There, a three-judge panel upheld hospital admitting privileges, noting that despite the fact that the law made abortion inaccessible to some women in the state, abortion services were not completely cut off in Texas because of the admitting privileges requirement. The opposite, however, would be true in Mississippi under HB 1390.

Mississippi filed its request on Wednesday, just as a federal district court heard closing arguments in a second challenge to Texas's admitting privileges requirement.

Media Resources: Feminist Newswire 7/30/14, 3/28/14; ABC News/AP 8/13/14; RH Reality Check 8/14/14, 8/13/14; US Court of Appeals for the Fifth Circuit


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

4/23/2015 BREAKING: The Senate Just Confirmed Loretta Lynch for Attorney General After a Five-Month Delay - After a five-month battle, the Senate finally confirmed Loretta Lynch US Attorney General today, making her the first Black woman in US history to take on the role. . . .
 
4/22/2015 We Need to Talk About Gender On Earth Day - Today is Earth Day, an annual event that celebrates our planet and encourages people to find a way to protect it. . . .
 
4/21/2015 Feminists Mourn the Loss of Activist Grace Mann - Feminist activist Grace Rebecca Mann, a 20-year-old University of Mary Washington student, was killed in her home on Friday. Grace was found unconscious by her two female roommates on Friday, one of whom called 911 and attempted to administer CPR. . . .