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

1/27/2016 Study Exposes 'Gender Gap' in Media Coverage of Reproductive Issues - A new study by the Women's Media Center has revealed more than half of news stories focusing on reproductive issues are written by men. According to WMC Media Watch: the Gender Gap in Coverage of Reproductive Issues, men penned 52 percent of bylines discussing issues of reproductive health care - including contraception and abortion - compared to just 37 percent by women. . . .
 
1/27/2016 Taiwan Elects First Woman President - In a landslide victory, the leader of Taiwan's Democratic Progressive Party (DPP) Tsai Ing-wen won the country's presidential election, becoming the first woman in Taiwan's history to hold the position. Emphasizing her party's commitment to maintaining Taiwan's independence from China, Tsai won over young voters eager to usher in a political changing of the guard following some 70 years of dominance by the pro-Chinese unification party, the Kuomintang (KMT), chaired by presidential opponent Eric Chu. . . .
 
1/26/2016 Anti-Abortion Extremists Behind Planned Parenthood Attack Videos Indicted - Two anti-abortion extremists responsible for last year's misleading videos attacking Planned Parenthood have been indicted on criminal charges by a grand jury in Houston, Texas. On Monday, Harris County district attorney Devon Anderson announced that David Daleiden, the director of the Center for Medical Progress (CMP) - the group behind deceptive videos falsely accusing Planned Parenthood of illegally selling fetal tissue - was indicted on a felony charge of tampering with a governmental record and on a misdemeanor charge related to the purchasing of human organs. . . .