Mississippi News
Judge ponders blocking law that bans abortions in Mississippi
Judge ponders blocking law that bans abortions in Mississippi
Mississippi is just hours from banning abortion in most instances, but an eleventh-hour lawsuit before a special state judge could at least temporarily delay the “trigger law” from going into effect.
The Mississippi Supreme Court ruled in 1998 that abortion is a protected right under the state Constitution and that right cannot be taken away unless the state’s high court reverses itself, attorneys representing the state’s only abortion clinic told a chancery judge on Tuesday.
Based on that 1998 ruling, Jackson attorney Rob McDuff asked Chancery Judge Debbra Halford of Franklin County to issue an injunction preventing laws that would ban most abortions in Mississippi from taking effect. McDuff and Hillary Schneller, senior staff attorney for the Center for Reproductive Rights, represented Jackson Women’s Health Organization in the lawsuit.
“The primary issue before you is whether the decision of the Mississippi Supreme Court is binding and we clearly believe it is,” McDuff said Tuesday morning during a hearing in the Hinds County Chancery Court Building that lasted about 45 minutes.
READ MORE: Hearing set in Mississippi lawsuit trying to prevent abortion ban
Mississippi Solicitor General Scott Stewart, arguing on behalf of Attorney General Lynn Fitch, told Halford that the 1998 state Supreme Court ruling was no longer binding law because of the recent landmark decision of the U.S. Supreme Court overturning the Roe v. Wade decision and the Casey v. Planned Parenthood decision that enshrined in the U.S. Constitution the right to an abortion.
“They depend on Roe and Casey. There is no Roe and Casey anymore. And there is no Fordice,” Stewart said referring to the 1998 state Supreme Court ruling titled Pro-Choice Mississippi v. Kirk Fordice.
After the hearing, Halford said she would soon issue a decision regarding whether to grant the temporary restraining order allowing abortions to continue to be performed in Mississippi. But at this time, she will not rule on the actual merits of the case.
It is likely her decision will be appealed by the losing side to the state Supreme Court.
As the issue is litigated, though, the clock is ticking on abortion rights in Mississippi. A trigger law would take effect on Thursday banning all abortions in the state except in cases where it is determined the life of the mother is at risk or in cases where there is rape reported to law enforcement. Another Mississippi law that would take effect based on the U.S. Supreme Court ruling would ban all abortion after six weeks except in cases of medical emergencies.
But on Tuesday in the hearing attended by about 50 spectators with a handful of protesters outside the courthouse, McDuff told the chancery judge that the state Supreme Court ruling would supersede the laws and she did not have the authority to ignore Mississippi’s highest court.
He conceded the current Supreme Court could reverse its 1998 ruling.
Stewart did not try to argue that the 1998 ruling did not say abortion was a right under the state Constitution. Instead, he argued that the majority in 1998 ruled that abortion was a right under the state Constitution to be in alignment with the federal Supreme Court in the Roe v. Wade decision.
But McDuff said nowhere in the ruling was any reference made to the state Supreme Court decision being contingent on the Roe v. Wade decision. He said in other rulings, the state Supreme Court had ruled that the rights granted in the Mississippi Constitution did not “inflate or deflate like a balloon” based on the rulings of the U.S. Supreme Court.
McDuff pointed out to the court that abortion had been legal for a vast majority of Mississippi’s statehood and that the judge should block the enactment of the laws banning abortion to give the Mississippi Supreme Court time to rule on the issue.
Stewart argued that it would not be a hardship to allow the laws to go into effect. He said programs had been put in place, such as pregnancy counseling programs, to help mothers who might otherwise had wanted to have an abortion.
Halford is hearing the case because all four Hinds County chancery judges recused themselves.
READ MORE: Supreme Court could assure abortion ban in Mississippi, or people could vote
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi News
Death toll from catastrophic Texas flooding passes 100
SUMMARY: Catastrophic flooding in Texas over the July Fourth weekend killed at least 104 people, including 28 children, mostly near Camp Mystic, a century-old girls’ summer camp in Kerr County. Search-and-rescue teams continue to search swollen rivers for dozens still missing; officials expect the death toll to rise as more rain threatens the saturated area. Many victims were swept from cabins by flash floods early Friday, some clinging to trees. Authorities will investigate warnings and evacuation delays, noting poor cellphone service hindered alerts. Despite warnings issued before the flood, some residents didn’t receive them. President Trump plans to visit the state.
The post Death toll from catastrophic Texas flooding passes 100 appeared first on www.wjtv.com
Mississippi News
LIVE: Officials give updates on Texas floods
SUMMARY: Crews in central Texas continue searching for victims after catastrophic July Fourth weekend flooding killed over 80 people, including 27 campers and counselors at Camp Mystic along the Guadalupe River. The floods, some of the worst in decades, struck overnight, sweeping away tents and cabins. With more rain forecast, authorities warn the death toll may rise as many remain missing. Survivors described clinging to trees or fleeing to attics. Officials face scrutiny over flood warnings and emergency response. President Trump declared Kerr County a disaster area, pledging support while criticizing FEMA’s performance.
The post LIVE: Officials give updates on Texas floods appeared first on www.wjtv.com
Mississippi News
Texas floods: At least 51 dead, 27 girls still missing as search efforts continue
SUMMARY: A devastating flash flood struck a summer camp along Texas’ Guadalupe River, killing at least 51 people, including 15 children, with many missing, mainly from Camp Mystic. The floodwaters surged 26 feet in 45 minutes early Friday, washing away homes and vehicles. Rescue teams face challenging terrain, using helicopters, boats, and drones to search for survivors amid debris and broken trees. Authorities are scrutinized for potential warning and preparation failures. Gov. Greg Abbott declared a day of prayer, while rescue and recovery efforts continue amid fears of additional flooding. The Hill Country’s flood-prone terrain and unexpected downpour overwhelmed campers and residents, prompting widespread grief and appeals for support.
The post Texas floods: At least 51 dead, 27 girls still missing as search efforts continue appeared first on www.wjtv.com
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