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Well, folks, this is why the judiciary is so important: In a pithy decision which began with a line seemingly designed to bait the media, an Obama-era federal judge blocked Mississippi’s fetal heartbeat law.
The law, passed in February, would have banned most abortions after six weeks.
Emergency - Prevents - Compliance - Section - Person
“Except when a medical emergency exists that prevents compliance with this section, no person shall perform an abortion on a pregnant woman before determining if the unborn human individual that the pregnant woman is carrying has a detectable fetal heartbeat,” the Mississippi bill read in part.
“Any person who performs an abortion on a pregnant woman based on the exception in this section shall note in the pregnant woman’s medical records that a medical emergency necessitating the abortion existed.”
Friday - US - District - Judge - Carlton
On Friday, U.S. District Judge Carlton Reeves blocked its implementation and found that the plaintiff in the case, Mississippi’s sole abortion clinic, is “substantially likely to succeed on the merits of this claim.”
But it was the first line of the judge’s decision that seemed to catch everyone’s attention.
Judge - Reeves
“Here we go again,” Judge Reeves wrote.
“Mississippi has passed another law banning abortions prior to viability. The latest iteration, Senate Bill 2116, bans abortions in Mississippi after a fetal heartbeat is detected, which is as early as 6 weeks lmp. [After last menstrual period.] The parties have been here before. Last spring, plaintiffs successfully challenged Mississippi’s ban on abortion after 15 weeks lmp. The Court ruled that the law was unconstitutional and permanently enjoined its enforcement. The State responded by passing an even more restrictive bill, S.B. 2116.”
Court - Ban - Violation - Process - Supreme
“This Court previously found the 15-week ban to be an unconstitutional violation of substantive due process because the Supreme Court has repeatedly held that women have the right to choose an abortion prior to viability, and a fetus is not viable at 15 weeks...
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