Judges Block Abortion Curb in Mississippi

phlatsphilphlatsphil Posts: 14,632 AG
finally, a ruling that actually makes sense...

Judges Block Abortion Curb in Mississippi

NEW ORLEANS — 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.

The decision did not overturn the Mississippi law or explore whether the admitting-privilege requirement was justified on safety grounds. Rather, the panel said, the law could not be used to close the sole clinic in the state. The opinion preserved an existing stay while the substantive issues were considered further by a Federal District Court. But it set a clear principle of state responsibility that the lower court must apply to this case.

Laurence H. Tribe, a professor of constitutional law at Harvard, said that the principle of state responsibility enunciated by the circuit court “is deeply established and fully entrenched.”

“It goes not only to the issue of reproductive freedom but to the very character of the federal union,” he said.

Mississippi officials did not say whether the state would appeal.

“We are reviewing the ruling and considering our options,” said Jan Schaefer, a spokeswoman for Jim Hood, Mississippi’s attorney general.

State Representative Sam C. Mims, who was the chief sponsor of the law, expressed disappointment with the ruling, saying that the decision reflected a misinterpretation of its purpose.

“Abortion is still legal throughout the nation and, of course, still legal in Mississippi,” he said. “This legislation did not deal with that; it only dealt with the regulation of abortion clinics.”

Supporters of abortion rights were pleased but wary.

“The fact that the Mississippi clinic can stay open is good news, but there are a lot of other cases pending in federal courts, and it’s impossible to know if those laws will be upheld or struck down,” said Elizabeth Nash, who analyzes state laws for the Guttmacher Institute, a private research group that supports abortion rights.

Similar laws have been temporarily blocked by federal courts in Alabama, Kansas and Wisconsin while they have taken effect in Missouri, North Dakota, Tennessee, Texas and Utah.

read the rest here...

http://www.nytimes.com/2014/07/30/us/mississippi-abortion-clinic-federal-court-blocks-closing.html?_r=0

Replies

  • CyclistCyclist Posts: 23,346 AG
    Legal in Mississippi they say, but you have to another state to get one. Who do those idiots think they are kidding? Talk about trampling the constitution, no one group does it better than the right wing fascists.
    133cbf2b243368b1ddb2f591a1988076--beach-posters-florida-travel.jpg
  • HomerSimpsonHomerSimpson Posts: 6,573 Admiral
    tough one right there.

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

    okay, agree there.


    but....

    “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.”


    this means that any regulation on abortion clinics that could be argued would close the only clinic and thus extinguishing this right within Mississippi would not have to be followed. In the past, abortion clinics have not had anywhere near the standards that any other medical clinic has had to maintain. And anytime the state started requiring more medical care standards, critics claim it would cause abortion clinics to go under. Similar to what happened in Florida a few years ago. Abortion clinics should be required to uphold the same medical care standards as any other medical clinic doing simliar invasive procedures
  • dragon baitdragon bait Posts: 6,790 Admiral
    the same medical care standards as any other medical clinic doing simliar invasive procedures
    would that include dentists as well or just those clinics preforming abortions? What do you mean by "similar invasive procedures"?
  • HomerSimpsonHomerSimpson Posts: 6,573 Admiral
    would that include dentists as well or just those clinics preforming abortions? What do you mean by "similar invasive procedures"?

    i was trying to find an article for the florida story. It was requiring things like a nurse on site, pre and post procedure care plans (the list of what to do if you see this or that), a well check phone call the next day. Things medical clinics typically do.

    here's a story from Penn. Its an extreme case, but that abortion clinic went 17 years without any type of formal inspection. Restaurants get checked yearly or more. But if you start talking any regulations then the critics fire off with you trying to shut down the clinics.

    http://health.wusf.usf.edu/post/pennsylvania-tightens-abortion-rules-following-clinic-deaths
  • dragon baitdragon bait Posts: 6,790 Admiral
    What do you mean by "similar invasive procedures"?

    again i will ask what you meant by "similar invasive procedures"
  • fins4mefins4me Posts: 14,413 AG
    Each and every one of the death houses should be shut down. On the rare occasions that the mother's life is in peril or the child is not viable then those rare procedures should be carried out in a hospital after the before mentioned circumstances are certified to be true.
    ALLISON XB 21,, MERCURY 300 Opti Max Pro Series (Slightly Modified) You can't catch me!!!
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  • chubascochubasco Posts: 18,390 Officer
    fins4me wrote: »
    Each and every one of the death houses should be shut down. On the rare occasions that the mother's life is in peril or the child is not viable then those rare procedures should be carried out in a hospital after the before mentioned circumstances are certified to be true.


    Another Constitution hater.
    Chubasco.jpg
  • HomerSimpsonHomerSimpson Posts: 6,573 Admiral
    again i will ask what you meant by "similar invasive procedures"

    It's an out patient surgical procedure. Not sure general dentistry is considered out patient surgery. What you are asking is pretty stupid. Read the article I posted and state why you think those regulations are over reaching
  • dragon baitdragon bait Posts: 6,790 Admiral
    I read it I think you are for bigger government when it suits you.
    And some dentistry require stitches and sedation, should those be required to have admitting right at hospitals?
    And FWIW i have no dog in this fight as i will never get pregnant, but i don't think men should be making laws to tell a woman what she can and can not do with her body
  • HomerSimpsonHomerSimpson Posts: 6,573 Admiral
    I read it I think you are for bigger government when it suits you.
    And some dentistry require stitches and sedation, should those be required to have admitting right at hospitals?
    And FWIW i have no dog in this fight as i will never get pregnant, but i don't think men should be making laws to tell a woman what she can and can not do with her body

    admitting privileges seems a bit far fetched. But what about having a nurse on site to provide pre and post sugry care? What about having post op phone checks (phone call the next day)? What about having health inspectors check the clinic for cleanliness? What about having elevators that can accommodate a stretcher in case the surgical procedure goes bad and the ambulance is called to come get the patient? How are those things "men telling what a woman can do with her body"??? But yet when those type of regs are tried to be passed, we get the whole "its an attack on clinics and will close them down" routine.

    Pro-choice are all the time claiming we need clinics because else women will be getting abortions in back alley's. Not sure moving back alley procedure's into a building and calling it a clinic is anymore healthy
  • dragon baitdragon bait Posts: 6,790 Admiral
    I recently had 2 invasive procedures that required anesthesia neither time did i receive a call from the doctor/ hospital to see how i was doing, i did receive a survey in the mail a week later, does that count?
    As far as inspection for cleanliness what is stopping the local inspector from showing up to check them out?
  • HomerSimpsonHomerSimpson Posts: 6,573 Admiral
    As far as inspection for cleanliness what is stopping the local inspector from showing up to check them out?

    activists claiming its an undue burden and will cause abortion clinics to shutdown. Claiming its just a back door way to end abortions all together. Claiming its just men trying to tell women what they can and can't do with their body.

    if you were put under by anesthesia then you had doctors around doing the procedure and the clinic you were at had a significant amount of regulations ensuring your safety. You might not have been given a call the next day, but you left with post procedure instructions and what to do if you experience this and that and so forth.


    Please go back and read the article I posted. What part of those new regulations PA wanted to implemented after that Dr whatever-his-name-was incident that is so bad?
  • Lucky7Team2Lucky7Team2 Posts: 6,794 Officer
    We really need to make sure people from MS. can have an abortion. The country needs less of them...
  • Lucky7Team2Lucky7Team2 Posts: 6,794 Officer
    admitting privileges seems a bit far fetched. But what about having a nurse on site to provide pre and post sugry care? What about having post op phone checks (phone call the next day)? What about having health inspectors check the clinic for cleanliness? What about having elevators that can accommodate a stretcher in case the surgical procedure goes bad and the ambulance is called to come get the patient? How are those things "men telling what a woman can do with her body"??? But yet when those type of regs are tried to be passed, we get the whole "its an attack on clinics and will close them down" routine.

    Pro
    You are saying these clinics do not get inspected LOL...
  • Lucky7Team2Lucky7Team2 Posts: 6,794 Officer
    Oh how about this little tidbit:

    Abortion is one of the safest surgical procedures for women in the United States. Fewer than 0.5% of women obtaining abortions experience a complication, and the risk of death associated with abortion is about one-tenth that associated with childbirth.
  • HomerSimpsonHomerSimpson Posts: 6,573 Admiral
    Pro
    You are saying these clinics do not get inspected LOL...

    PA didn't check theirs for over 17 years
  • HomerSimpsonHomerSimpson Posts: 6,573 Admiral
    Oh how about this little tidbit:

    Abortion is one of the safest surgical procedures for women in the United States. Fewer than 0.5% of women obtaining abortions experience a complication, and the risk of death associated with abortion is about one-tenth that associated with childbirth.

    you need to recheck your numbers and only use the complication rates for second trimester abortions. First trimester abortions are have very few state regulations because its the term the SC has said women have the right to do. The second and third trimesters are where the SC left room for the states to regulate. In second trimester abortions, the complication rate is 4% for D&E, 29% for medical induced.

    http://www.sciencedirect.com/science/article/pii/S0002937802001400

    Not sure I would equate this procedure to having your tooth pulled. But then again i'm a man trying to control what women do with their own bodies.
    http://www.webmd.com/women/dilation-and-evacuation-de-for-abortion
  • Oh how about this little tidbit:

    Abortion is one of the safest surgical procedures for women in the United States. Fewer than 0.5% of women obtaining abortions experience a complication, and the risk of death associated with abortion is about one-tenth that associated with childbirth.

    How did the kids make out on these abortions vs childbirth?
  • SLW210SLW210 Posts: 2,226 Captain
    The one in the White House is doing okay, no brain function to speak of though.
  • SLW210SLW210 Posts: 2,226 Captain
  • Lucky7Team2Lucky7Team2 Posts: 6,794 Officer
    How did the kids make out on these abortions vs childbirth?

    Probably better then being born and not wanted. Pony up and adopt one if your so concerned. On second thought, seeing what a splendid job you did with psycho Cytranic maybe not...
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