5th Circuit Court Of Appeals Blocks Anti-Abortion Mississippi Law

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Finally some good news via the Court of Appeals for the Fifth Circuit over Mississippi's draconian new law that forced the lone abortion clinic's doctors in that state to obtain admitting privileges at local hospitals or else they would be shut down.

NY Times:

A federal appeals panel on Tuesday blocked a Mississippi law that would have shut the sole abortion clinic in the state by requiring its doctors to obtain admitting privileges at local hospitals, something they had been unable to do.

By a 2-to-1 vote, the panel of the United States Court of Appeals for the Fifth Circuit ruled that by imposing a law that would effectively end abortion in the state, Mississippi would illegally shift its constitutional obligations to neighboring states. The ruling is the latest at a time when states, particularly in the South, are increasingly setting new restrictions that supporters say address safety issues and that critics say are intended to shut clinics.

“A state cannot lean on its sovereign neighbors to provide protection of its citizens’ federal constitutional rights,” Judge E. Grady Jolly wrote.

“Pre-viability, a woman has the constitutional right to end her pregnancy by abortion,” he continued. This law “effectively extinguishes that right within Mississippi’s borders.”

Mississippi officials had argued that women seeking abortions could always drive to neighboring states, such as Louisiana or Tennessee, to obtain the procedure, an argument the panel rejected.

Nothing says freedom like closing down medical services you disagree with.

This news should make Rachel Maddow very happy for the time being: Maddow Tears Into Mississippi Republicans For Closing State's Sole Abortion Clinic


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