A federal appeals court has stricken down Mississippi's 15-week abortion ban, stopping it from taking effect and protecting the state's only open abortion clinic.
Declaring that Mississippi's ban on abortions past the 15th week is unconstitutional, a judge from The 5th U.S. Circuit Court of Appeals has overturned the law. The law was challenged by the state's only open abortion clinic., the Supreme Court's abortion cases have established a woman's right to choose an abortion before viability," wrote the appeals court judge.
State legislators then enacted a ban on abortions once a fetus' heartbeat can be heard, normally happening around the sixth week of pregnancy. A federal judge struck that ban down in May. The 15-week law had exceptions for medical emergency or severe fetal abnormality, and any doctor found violating it would face suspension from their places of work or, ultimately, revocation of their medical license to practice.
Attorneys for the state of Mississippi have argued that the laws are regulations instead of bans—addressing the ruling which says states have the right to regulate abortion, but not ban it outright. The clinic argued that it offer abortions to clients up to the 16-week point, and that a fetus is not viable outside of the womb before that period of time.
When asked to prove that a fetus could be viable outside of the womb at 15 weeks, lawyers for the clinic provided evidence it could not, and the state, according to the ruling,"conceded that it had identified no medical evidence that a fetus would be viable at 15 weeks."KAREN BLEIER/AFP/Getty
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