MS will appeal decision striking down abortion law - - Jackson, MS

MS will appeal decision striking down abortion law

JACKSON, MS (Mississippi News Now) -

The state of MS will seek a  hearing before the full 5th Circuit Court of Appeals following a decision by a three-judge panel, declaring a law unconstitutional that would require physicians at the state's only abortion clinic to obtain admitting privileges at a local hospital.

On a 2-1 vote, the three-judge panel issued its ruling Tuesday in a case involving the state's 2012 law.

"It is important to note that today's opinion was issued by a divided panel of judges and not by the entire Fifth Circuit and that this action is just another part of the legal process," said Mississippi Governor Phil Bryant. "I will continue working with the Attorney General as his office petitions the entire court to hear this case."

Physicians at Jackson Women's Health Organization applied for the privileges at Jackson-area hospitals but were unable to obtain them. The clinic would have been forced to close had the law been upheld.

Attorneys for Mississippi argued that if the clinic closed, women could get abortions in other states.
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.

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