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
Pleasant weather continues for Sunday with the heat returning next week – Home – WCBI TV
SUMMARY: COLUMBUS, Mississippi (WCBI) – Pleasant conditions will persist through the weekend, with cooler mornings and clear skies expected for Sunday. A cold front has brought breezy conditions and temperatures dropping to the mid-50s overnight. Sunday promises a cool start in the mid-50s and highs in the low to mid-80s, ideal for outdoor activities. Looking ahead to next week, temperatures will rise back into the 90s, with dry conditions in the first half and increasing rain chances later in the week. Enjoy the sunny weather while it lasts!
The post Pleasant weather continues for Sunday with the heat returning next week – Home – WCBI TV appeared first on www.wcbi.com
Mississippi News
Updates on worker who died in industrial accident
SUMMARY: Charles McBrayer, a 63-year-old worker from Guntown, died from severe chest trauma following an industrial accident at TAG Trucking in Tupelo, Mississippi. The incident occurred on Friday morning, and McBrayer was subsequently taken to North Mississippi Medical Center, where he succumbed to his injuries. Lee County Coroner Carolyn Green confirmed his identity and cause of death.
The post Updates on worker who died in industrial accident appeared first on www.wcbi.com
Mississippi News
Jackson police arrest man accused of killing mother
SUMMARY: Jerry Banks, 42, has been arrested in Jackson, Mississippi, for the murder of his mother, 63-year-old Louise Banks Tornes. The incident occurred on September 4, with authorities responding to reports of an assault at their residence on Carver Street. Louise died from blunt force trauma. Following the attack, Jerry allegedly attempted to assault other family members before fleeing the scene. He was apprehended on September 7 and faces charges of murder, burglary of an occupied dwelling, and domestic aggravated assault. The Jackson Police Department encourages anyone with information to come forward.
The post Jackson police arrest man accused of killing mother appeared first on www.wjtv.com
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