State's last abortion clinic, Women's Health Organization, files appeal over abortion ban

Wicker Perlis, Mississippi Clarion Ledger
·1 min read
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Jackson Women's Health Organization is continuing its fight to keep providing abortions, one day after the procedure became illegal in Mississippi.

The clinic, which had been the last in the state to perform abortions, lost their attempt halt the ban Tuesday.

Lawyers for the clinic had asked Special Chancery Judge Debbra K. Halford to grant them an injunction, which would have allowed them to continue performing abortions while they pursued a legal fight over whether the state constitution protects abortion access.

Solicitor General Scott Stewart, argues against a lawsuit filed by Mississippi's only abortion clinic, to remain open, before a special chancellor in Hinds County Chancery Court, Tuesday, July 5, 2022, in Jackson, Miss. On June 24, the U.S. Supreme Court overturned Roe v. Wade, ending constitutional protections for abortion. (AP Photo/Rogelio V. Solis, Pool)

The clinic's case hinges on a 1998 state supreme court decision that found a right to an abortion was based on Mississippi state law. Since the overturn of Roe v. Wade only impacts federal law, the clinic argues the state court's decision remains in place.

Related: Mississippi judge decides not to halt state's abortion ban as legal fights continue

Read this: Mississippi's last clinic performs final abortions Wednesday, ban takes effect Thursday

The state argues that the state court's decision was heavily influenced by Roe v. Wade and that it should no longer be considered good law. Halford sided with the state.

Special Chancellor Debbra K. Halford, speaks during a hearing Tuesday, July 5, 2022, on a lawsuit filed by Mississippi's only abortion clinic, which is trying to remain open by blocking a law that would ban most abortions in the state, in Jackson, Miss. On June 24, the U.S. Supreme Court overturned Roe v. Wade, ending constitutional protections for abortion. (AP Photo/Rogelio V. Solis, Pool)

"We are disappointed with this failure to enforce the Mississippi Constitution. We are reviewing the judge's decision and considering our options," longtime attorney for the clinic Rob McDuff said in a statement shortly after Halford's decision.

Now, McDuff and the rest of the clinic's legal team have decided on which option to take: appeal.

Attorney Rob McDuff, an attorney representing the Jackson Women's Health Organization, looks around the courtroom after presenting an argument for a lawsuit filed by the state's only abortion clinic, to remain open by blocking a law that would ban most abortions in the state, before a special chancellor in Hinds County Chancery Court, Tuesday, July 5, 2022, in Jackson, Miss. On June 24, the U.S. Supreme Court overturned Roe v. Wade, ending constitutional protections for abortion. (AP Photo/Rogelio V. Solis, Pool)

Abortion became illegal in Mississippi 10 days after Attorney General Lynn Fitch certified that Roe v. Wade had been overturned. With states across the South implementing abortion bans and restrictions, Mississippians could soon face journeys of hundreds of miles in order to legally obtain an abortion.

A date has not yet been set to hear the clinics appeal, and in the meantime abortion remains illegal in Mississippi.

This article originally appeared on Mississippi Clarion Ledger: Jackson's Women's Health Organization files appeal over abortion ban