BREAKING: Federal judge appointed by Barack Obama blocks Mississippi abortion law

Greg P. | 5:01 PM on May 24, 2019

Breaking news out of Mississippi:

#BreakingNews Federal judge in Mississippi temporarily blocks nearly total abortion ban in that state.

— Bill Ritter (@billritter7) May 24, 2019

Judge Reeves was nominated by Barack Obama and approved by the Senate in 2010:

U.S. District Judge Carlton Reeves has granted a preliminary injunction against Mississippi's 6-week abortion ban.

— Bracey Harris (@BraceyHarris) May 24, 2019

From the ruling:

This Court previously found the 15-week ban to be an unconstitutional violation of substantive due process because the Supreme Court has repeatedly held that women have the right to choose an abortion prior to viability, and a fetus is not viable at 15 weeks If a fetus is not viable at 15 weeks it is not viable at 6 weeks. The State conceded this point. The State also conceded at oral argument that this Court must follow Supreme Court precedent. Under Supreme Court precedent, plaintiffs are substantially likely to succeed on the merits of this claim.

S.B. 2116 threatens immediate harm to women’s rights, especially considering most women do not seek abortion services until after 6 weeks. Allowing the law to take effect would force the clinic to stop providing most abortion care. By banning abortions after the detection of a fetal heartbeat, S.B. 2116 prevents a woman’s free choice, which is central to personal dignity and autonomy. This injury outweighs any interest the State might have in banning abortions after the detection of a fetal heartbeat. Any delay in the enforcement of S.B. 2116 will serve the public interest by protecting this established right and the rule of law.

Finally, the Legislature’s passage of S.B. 2116 during the pendency of this litigation compels the Court to make the following observation. If there is no medical evidence to prove that a fetus is viable at 15 weeks or at 6 weeks, then a fetus is not viable between 0 and 5 weeks.