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Abortion clinic drops its lawsuit, leaving legality of abortion in Mississippi in limbo

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Abortion clinic drops its lawsuit, leaving legality of abortion in Mississippi in limbo

Attorneys for Jackson Women’s Organization announced Tuesday it was dropping its legal efforts to continue to perform abortions in Mississippi.

Rob McDuff, an attorney for the Mississippi Center for Justice who represented the clinic, said the failure of the Supreme Court to hear the case โ€œon an emergency basisโ€ led to the decision for to drop the and to relocate to another state where abortions are not banned.

The clinic was the last provider in the state.

The clinic had filed an emergency petition with the state Supreme Court asking the justices to prevent from going into effect state laws banning most abortions in Mississippi. The clinic pointed out that in 1998, the state Supreme Court had ruled that abortion was a right protected by the Mississippi Constitution. That ruling, the clinic argued, would supersede the state laws passed in later years to ban abortions.

READ MORE: Mississippi, where abortion is technically both legal and illegal at the same time

But in a statement Tuesday, the Mississippi Center of Justice said that because of the Supreme Court’s refusal to hear the abortion clinic appeals in an expedited matter, the lawsuit was being dropped. Diane Derzis, the owner of the clinic, recently sold the building in Jackson’s Fondren neighborhood where the clinic, known as the Pink House, was located. She is continuing with plans to open a clinic in New Mexico.

โ€œIn recent years, the Mississippi Center for Justice, the Center for Reproductive Rights, and the Paul Weiss law firm have filed several lawsuits to keep the clinic’s doors open, and to preserve and expand access to abortion in Mississippi,โ€ said Vangela Wade, chief executive officer for the Mississippi Center for Justice. โ€œWe will continue to work for the day that right is restored and that every Mississippian has the resources to make their own reproductive and planning decisions.โ€

With the decision to drop the lawsuit, left unresolved is the 1998 state Supreme Court decision in Pro-Choice Mississippi v. Kirk Fordice that recognized the right to abortion as part of the Mississippi Constitution. After that decision was issued, the state in 2007 passed a law saying most abortions would be banned in Mississippi if the ever stripped away the right to an abortion as part of the federal Constitution. And in 2019 the state Legislature passed a ban on all abortions after six weeks except in cases of medical emergencies.

State officials said those laws took effect after the U.S. Supreme Court in late June overturned Roe v. Wade, which granted the right to an abortion, in a case involving Jackson Women’s Health Organization.

But Jackson Women’s Health Organization filed a lawsuit to block those laws from taking effect based on the 1998 state Supreme Court ruling. The lawsuit argued that the Supreme Court ruling, which was based on the Constitution, trumped state law. But Chancellor Debbra Halford of Franklin County rejected the clinic’s arguments. The clinic appealed that ruling to the Supreme Court, but on Tuesday decided to drop the appeal.

While that appeal was pending before the Supreme Court, at the clinic stopped performing abortions opting not to risk the punishment doled out in state law โ€“ a possible prison sentence and a loss of medical license โ€“ even though in the lawsuit they argued they still had the right to perform abortions based on the 1998 state Supreme Court ruling.

Mississippi Today could not get a definitive answer from the Supreme Court on whether it could take up the lawsuit even though it was dropped and reconsider the 1998 ruling granting a constitutional right to an abortion.

Theoretically, a doctor could perform abortions in the state and argue in court he or she had the right based on the 1998 Supreme Court ruling. But the doctor would be risking his or her livelihood based on how the court ruled on the issue of the Constitution versus state law.

In a statement, McDuff said, โ€œDiane’s work is not done, and we applaud her commitment to continuing to ensure people can exercise their right to abortion. As she has stated, she is working to open a clinic in Las Cruces, New Mexico, where she can provide abortion care without fear of being put in prison for 10 years. We thank Diane; the clinic’s executive director, Shannon Brewer; and its medical director, Dr. Carr-Ellis; all of the clinic’s employees; and the Pink House Defenders, for the heroic work they have done so Mississippians could make their own decisions about pregnancy and childbirth.โ€

Editor’s note: Vangela M. Wade is a member of Mississippi Today’s board of directors.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi News

News anchor dropped after social media post telling Trump-haters supporting Harris: ‘Stay home, donโ€™t vote’

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www.foxnews.com – – 2024-11-04 11:51:00

SUMMARY: David “Dave” Elliott, a anchor for in for nearly 40 years, was fired after expressing political views on social . He revealed on Facebook that his termination was due to his political opinions, specifically mentioning a where he advised people not to vote out of hatred for Donald Trump. Elliott characterized his social media posts as satire, distinguishing them from his professional work. He noted that the discussion with his station’s general about his dismissal was brief, and the topic of social media was raised. WLOX’s management declined to comment on the matter.

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Mississippi News

National Women’s March held in Tupelo brings locals together

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www.wcbi.com – Kaleb Green – 2024-11-02 22:19:00

SUMMARY: The Women’s March in , Mississippi, joined national marches advocating for women’s rights, coinciding with in Washington D.C. and other . Organized by Indivisible Northeast Mississippi, the march influential speakers who emphasized the importance of personal autonomy and women’s involvement in societal issues. Participants expressed gratitude for the ‘s significance in a small town, with speakers urging women to fight for their rights and control their own bodies. The message for young women included themes of independence and empowerment, encouraging them to pursue their goals bravely. The Tupelo march was part of a larger movement encompassing similar events in and Hattiesburg.

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Mississippi News

‘Get Out to Vote’ rally encourages citizens to cast their ballots

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www.wcbi.com – Khamari Haymer – 2024-11-02 20:01:00

SUMMARY: Elected in Columbus, Mississippi, are promoting voter participation ahead of election day through a โ€œGet Out to Voteโ€ rally hosted by Representative Kabir Karriem and District Supervisor Leroy Brooks. The provided food and drinks while emphasizing the significance of exercising rights. Karriem stressed the importance of voting, stating every citizen should participate. Brooks, reflecting on the historical struggles for voting rights, underscored that voting should be a natural part of civic engagement. The rally took place in front of the Lowndes County Courthouse, encouraging community members to take action.

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