From The "Christian Science" Monitor:
Judge saves Mississippi’s only abortion clinic ... for now
But so far, the clinic has had little luck in abiding by the
law, which requires it to get “admission privileges” from local
hospitals. One hospital recently told the clinic “not to bother.”
The
ruling by Judge Dan Jordan on Friday was seen as a partial victory both
for the Jackson Women’s Health Organization, which provides the bulk of
the state’s annual 2,000 abortion, as well as state anti-abortion
activists and sympathizers, including Gov. Phil Bryant, who said he hoped the law would make the state “abortion-free.”
While the 1972 Roe v. Wade decision made abortion legal in the US,
the situation in Mississippi is testing the limits of the 1992 Planned
Parenthood v. Casey ruling, which said states can regulate abortion
clinics as long as those laws don’t essentially harm women’s underlying
right to choose an abortion for an unwanted pregnancy.
While
anti-abortion activists have stated the law is intended to ensure
better medical care for women, it’s also clear that it’s intended to
make operating a clinic in Mississippi so difficult that it’s no longer
worth it, thus abolishing abortion in the state while never expressly
outlawing it. If lawmakers succeed in closing the clinic, women in the
state would have to travel up to 200 miles to clinics in other states.
In
his ruling, Judge Jordan said the clinic need not fear for criminal or
civil penalties by continuing to operate as it works to adhere to the
new law.
“Given the highly charged political context of
this case and the ambiguity still present, the Court finds that there
would be a chilling effect on the Plaintiffs’ willingness to continue
operating the Clinic until they obtained necessary privileges,” he
wrote. “Therefore, an irreparable injury currently exists.”
The
battle over the Jackson clinic is tinged with religion, philosophy,
legalities, and deeply personal feelings. The owner of the clinic, Diane
Derzis, has embraced the nickname “abortion queen” after fighting for
years to keep clinics open in the Bible Belt. It was one of her clinics
in Alabama that was bombed by Eric Rudolph, the Olympic bomber, who escaped capture for five years before being captured in the early 2000s.
On
the other side is an anti-abortion activist named Terri Herring, who
has fought equally long to abolish abortion in the state by working to
put legal restrictions, such as parental notification, on the practice.
Those laws have helped curtail the total number of clinics in the state
from 14 in the 1980s to the current one.
Conservative
Mississippi, which has some of the lowest educational achievement and
highest teen pregnancy rates in the country, has long been dismissed by
some critics as a hopeless backwater whose misogynistic instincts have
to be constantly tempered by federal judges.
Yet some
observers say the “bottlenecking” strategy employed in Mississippi has
emerged as perhaps the boldest test yet of the limits of Roe v. Wade.
And activists in other conservative states are clearly watching closely,
underscored by the passage of some 162 state laws attempting to
restrict abortion last year alone.
Feelings about
abortion in Mississippi are not far out of line with national averages,
where 52 percent of Americans believe abortion should be legal only
under certain circumstances, such as rape.
At the same
time, Mississippi’s strict views on reproductive rights are far from
monolithic. Last year, a “personhood” referendum that would have
extended constitutional rights to fetuses, thus turning at least some
abortions into possible murder cases, was rejected by 55 percent of
voters.
According to the state’s Health Department, the
clinic will get about 10 months to follow the new mandates before losing
its license. At that point, it can appeal to a state court for relief,
potentially setting off another round of injunctions and constitutional
clarifications.
So far, none of Mississippi’s abortion
restrictions have been overturned by the courts, and the newest mandates
mirror state clinic rules in many other states.
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