A Mississippi law that would have shut down the state last abortion clinic was ruled unconstitutional by a federal court even though it had the same provisions as other states where the constitutionality was upheld.
A three judge panel with the 5th Circuit Court of Appeals in New Orleans ruled that the law was unconstitutional because it would mean women would need to travel to another state to kill their babies via abortion. That, the court said, would cause an “undue burden” on the women who wanted to end their child’s life.
The court also said the state is “obligated” to uphold the “right” for women to kill their babies via abortion.
The Mississippi law was modeled on a Texas law that requires all abortion clinics to have abortionists with admitting privileges at a local hospital should a complication arise during the procedure. All hospitals in the area of the Jackson Women’s Health Organization had refused to work with the abortionists.
The judge who dissented in the case said states are not required by the Constitution to provide abortion clinics, but rather to ensure the safety of anyone that wanted to operate a clinic within their state.