Mississippi Abortion Clinic Law Struck Down By Appeals Court Panel
Last edited Tue Jul 29, 2014, 04:26 PM - Edit history (2)
Source: Huffington Post
A federal appeals court panel has ruled that a Mississippi law that would close the state's only abortion clinic is unconstitutional.
The three-judge panel of the 5th U.S. Circuit Court of Appeals issued its ruling Tuesday in a case involving the state's 2012 law, which required physicians at the clinic to obtain admitting privileges at a local hospital.
Physicians at Jackson Women's Health Organization applied for the privileges at Jackson-area hospitals but were unable to obtain them.
Read more: http://www.huffingtonpost.com/2014/07/29/mississippi-abortion-clinic_n_5631133.html?&ncid=tweetlnkushpmg00000016
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The appeals court panel ruled that a U.S. Supreme Court decision in 1973 established a constitutional right to abortion. The panel ruled that Mississippi may not shift its obligation for established constitutional rights of its citizens to another state.
http://www.wapt.com/politics/us-appeals-panel-strikes-down-mississippi-abortion-law/27209788#!bp2DiO
US appeals panel strikes down Miss. abortion law
http://www.wistv.com/story/26142081/us-appeals-panel-strikes-down-miss-abortion-law
US APPEALS PANEL STRIKES DOWN MISS. ABORTION LAW
http://bigstory.ap.org/article/us-appeals-panel-strikes-down-miss-abortion-law
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Attorneys for Mississippi argued that if the clinic closed, women could get abortions in other states.
"Today's ruling ensures women who have decided to end a pregnancy will continue, for now, to have access to safe, legal care in their home state," Nancy Northup, president and CEO of the Center for Reproductive Rights, said in a news release.
Appeals Court Saves Mississippi’s Only Abortion Clinic
http://thinkprogress.org/health/2014/07/29/3465501/appeals-court-saves-mississippis-only-abortion-clinic/
On Tuesday, the Fifth Circuit Court of Appeals struck down a law that would have closed down Mississippi’s only abortion clinic, invalidating a 2012 measure requiring abortion doctors to obtain admitting privileges at local hospitals. The state’s only two abortion providers fly in from out of state to serve patients and were repeatedly denied partnerships with local hospitals.
The three-judge panel ruled that since the U.S. Supreme Court established a constitutional right to abortion, “Mississippi may not shift its obligation for established constitutional rights of its citizens to another state,” the Associated Press reports.
“Pre-viability, a woman has the constitutional right to end her pregnancy by abortion. H.B. 1390 effectively extinguishes that right within Mississippi’s borders,” judges E. Grady Jolly of Mississippi and Stephan A. Higginson of Louisiana wrote in the 2-1 ruling. Jolly was appointed by President Ronald Reagan, while Higginson was appointed by President Barack Obama.
http://www.latimes.com/nation/la-na-mississippi-abortion-law-20140729-story.html
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In a dissenting opinion, Judge Emilio M. Garza wrote that he felt neither the lower district court nor the judges in the majority on his panel had undertaken a proper assessment to gauge the difficulty in obtaining abortion services in neighboring states.
(Appointed by Ronald Reagan, George H. W. Bush)
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Ruling that states can't slough off Constitutionally guaranteed rights to other states is very interesting. This could have wide ranging impact, including voting rights, marriage equality, etc.
I think Rachel would give this a "watch this space" rating.
'Bout time the theocracy met democracy!
You know what I really think? I think abortions & D&Cs should be performed in the hospital, where hysterectomies, tubal ligations are performed and where babies are born. Period (no pun intended!) BC pills and RU486 (the morning-after pill, Plan B, or whatever they call it) should be as cheap as prophylactics. 
