The 5th U.S. Circuit Court of Appeals has recently voted to block a pro-life law that would have presented Jackson Women’s Health Organization from providing abortion services. The clinic is the last remaining abortion provider in Mississippi.
According to LifeNews.com
, the law required abortion doctors to maintain hospital privileges within 30 miles of their abortion clinic.
“Mississippi may not shift its obligation to respect the established constitutional rights of its citizens to another state,” wrote Judge E. Grady Jolly. “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.”
"As a result, we hold that JWHO has demonstrated a substantial likelihood of success on its claim that H.B. 1390’s admission-privileges requirement imposes an undue burden on a woman’s right to choose an abortion in Mississippi, and is therefore unconstitutional as applied to the plaintiffs in this case. Finally, we hold that, to the extent the district court’s preliminary injunction enjoined enforcement of H.B. 1390 against parties other than the plaintiffs in this case, it was overly broad and is modified to apply only to the parties in this case. Accordingly, the judgment of the district court granting the preliminary injunction is affirmed."
In a 2-1 vote, the court concluded that to drive out of state would place too much burden on women seeking an abortion.
Publication date: July 30, 2014