5th Circuit: Mississippi's Only Abortion Clinic Stays Open

Jackson Free Press ^ | 07/29/2014 | R.L. Nave

[GIdget2004]

The 5th U.S. Circuit Court of Appeals has struck down a Mississippi law that would have required the state's only abortion clinic to obtain admitting privileges at a local hospital for its OB/GYNs.

#The clinic, the Jackson Women's Health Organization, was unable to obtain the privileges and challenged the constitutionality of the law in court and succeeded in obtaining an injunction against the law in federal court.

#The Center for Reproductive Rights, which represented JWHO, said the ruling "ensures women who have decided to end a pregnancy will continue to have access to safe, legal care for now in their home state." One of the central arguments was that if the clinic shuttered, women would have to travel outside Mississippi to access abortion services, which was an unconstitutional burden.

#Writing for the majority, Judge E. Grady Jolly stated: "Mississippi may not shift its obligation to respect the established constitutional rights of its citizens to another state. Such a proposal would not only place an undue burden on the exercise of the constitutional right, but would also disregard a state’s obligation under the principle of federalism—applicable to all fifty states—to accept the burden of the non-delegable duty of protecting the established federal constitutional rights of its own citizens."

[txrefugee]

They must keep killing thoseBlack babies in MS. Margaret Sanger and the KKK would be pleased with this ruling.

[Lurking Libertarian]

Jolly, E. Grady
Born 1937 in Louisville, MS

Federal Judicial Service:
Judge, U.S. Court of Appeals for the Fifth Circuit
Nominated by Ronald Reagan on July 1, 1982, to a seat vacated by James Plemon Coleman. Confirmed by the Senate on July 27, 1982, and received commission on July 30, 1982.

Education:
University of Mississippi, B.A., 1959
University of Mississippi School of Law, LL.B., 1962

Professional Career:
Trial attorney, National Labor Relations Board, Winston-Salem, North Carolina, 1962-1964
Assistant U.S. attorney, Northern District of Mississippi, 1964-1967
Trial attorney, Tax Division, U.S. Department of Justice, 1967-1969
Private practice, Jackson, Mississippi, 1969-1982

[Secret Agent Man]

there is no constitutional right to abortion.

[alancarp]

What a twisted argument. Setting aside the the murder side of abortion for a second (but only a second), where is it in the Constitution that it is Mississippi’s responsibility to insure their state has abortion services at all?

It is my right to obtain a photo for a passport. It is not my right to make one out of cardboard and a crayon. There are standards to passport photos that must be adhered to in order for them to be legal. Facilities that meet those standards can issues such photos, but not every one does.

It is not the state’s responsibility to allow sub-standard services of any kind to exist. You don’t meet the standard? You are shut down.

[Theodore R.]

Look like Ronald W. Reagan struck out again!

[WKB]

Mississippi ping

[SuziQ]

So this tells me two things;
1) The doctors who perform abortions there are thought so little of that they can't get admitting privileges at any of the local hospitals
2) Neither the clinic nor the 5th Circuit Court cares very much about the safety of the women on whom the abortions are being performed.