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Is abortion legal in Mississippi? Voters could decide

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by Bobby Harrison,
Sun, 27 Nov 2022 12:00:00 +0000

Is abortion legal in Mississippi? Voters could decide

Since the United States Supreme Court in a Mississippi case stripped away a national right to an abortion, citizens in six states, five earlier this month, have voted to either preserve or expand abortion rights.

In no have voters opted to restrict or to take away abortion rights since the Mississippi case – Dobbs v. Jackson Women's Organization – was decided in late June by the nation's highest court.

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An argument can be made that , like voters in conservative states such as Kansas and Kentucky and liberal states like California and Vermont, should be allowed to vote on whether they support or oppose restricting abortion rights.

After all, Mississippi is an unmitigated mess when it comes to the issue of abortion even though it is the state that successfully brought the that led to the overturning of the 1973 Roe v. Wade Supreme Court that guaranteed a national right to an abortion. It is true that there are no abortion clinics in Mississippi, but it reasonably could be argued that abortion is indeed legal in the Magnolia State.

The state has two abortion laws on the books. They are:

  • A ban on all abortion except in the case of rape or to preserve the life of the mother.
  • A six-week ban except in cases of medical emergency.

But the Mississippi Supreme Court – in Pro Choice Mississippi v. Fordice – ruled in 1998 that the state constitution provides a right to an abortion.

“We find that the state constitutional right to privacy includes an implied right to choose whether or not to have an abortion,” the late Mississippi Supreme Court Justice Michael Sullivan wrote for the majority.

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That ruling has never been overturned.

In the normal judicial process, the laws passed by the Legislature imposing the abortion bans would not trump the ruling of the Supreme Court. What appears to have occurred is that the Supreme Court ruling has been rendered moot since the only abortion provider moved out of the state – fearing its employees could face punishment (possible prison time) in conservative Mississippi even though the state's highest court said that a right to an abortion exists. In other words, there is no abortion provider in the state to challenge the constitutionality of the two laws banning abortion.

Recognizing the state's conundrum, the conservative Mississippi Justice Institute, which is the legal arm of the Mississippi Center for Public Policy, recently filed a lawsuit, hoping to get the state Supreme Court to overturn its 1998 ruling.

At the very least, the issue of abortion is still murky in Mississippi. The Mississippi Justice Institute recognizes this.

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“In the Dobbs case, Mississippi secured a major victory for human rights and the rule of law,” said Aaron Rice, director of the Mississippi Justice Institute “Now it's time to finish the job and protect the right to life in the state that took Roe down.”

The lawsuit filed by the Mississippi Justice Institute is asking the Supreme Court to reverse the 1998 ruling in Fordice v. Planned Parenthood just as the U.S. Supreme Court reversed the Roe v. Wade decision.

The Justice Institute filed the lawsuit on behalf of the American Association of Pro-Life Obstetricians and Gynecologists. According to the lawsuit, the Michigan-based group has more than 6,000 members nationwide, including 35 in Mississippi. The lawsuit said its members are being placed in legal jeopardy because abortion has been banned under the two aforementioned laws. But based on the 1998 state Supreme Court ruling, doctors could be placed in legal jeopardy if they refuse to refer a woman to an abortion provider, the lawsuit alleges.

Whether that circuitous argument is enough to give the Michigan group “standing” to pursue such a case in Mississippi remains to be seen. The lawsuit is filed in Chancery Court.

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No doubt, abortion providers would have “standing” to bring the case and in fact did this past summer. But the Jackson Women's Health Organization, which originally filed a lawsuit, opted to move out of state and drop the case when the state Supreme Court refused to hear the issue in an expedited manner. The decision not to pursue the case meant the Supreme Court was never given a to reverse its 1998 ruling. It is likely the current justices would reverse the ruling if given the .

Thus far no abortion provider has sought to intervene in the case brought by the anti-abortion group.

The Mississippi Legislature could settle this complex issue easily by voting early in the 2023 session to place on the ballot as soon as possible a proposal to reverse the state Supreme Court decision granting the right to an abortion.

Then the citizens could decide just as they have in six other states.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Did you miss our previous article…
https://www.biloxinewsevents.com/?p=197619

Mississippi Today

Mississippi Capitol sees second day of hundreds rallying for ‘full Medicaid expansion now’

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Hundreds of people rallied at the Mississippi Capitol for a second day Wednesday, urging lawmakers to expand Medicaid to provide health coverage for an estimated 200,000 Mississippians.

After faith leaders spoke at the Capitol on Tuesday, Care4Mississippi, a coalition of advocates, held a rally Wednesday. Speakers recounted their struggles with access to affordable in Mississippi and chanted for the to, “Close the coverage gap now,” and for “Full Medicaid expansion now.”

Stephanie Jenkins of McComb, a former social worker, lost her job and health insurance after a car wreck left her with debilitating injuries.

She said she later received some medical treatment from the University of Mississippi Medical Center, but still suffers from chronic pain and other ailments. She said she was told she could not Medicaid coverage because she owns too much property.

Jenkins said that years after her accident, “I'm still fighting that battle. I'm still trying to get health insurance. I am still trying to get Medicaid … The state of Mississippi does not realize that it is not about money. It is not about race. It is about people. People are dying because they have no health insurance.”

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Dr. Randy Easterling, a Vicksburg family physician and former executive director of the Mississippi Medical Association, spoke in favor of Medicaid expansion. He said the people who would be helped by the expansion primarily work at that do not provide health care and they do not earn enough to purchase private insurance. Many are small business owners.

Easterling said often times the insurance policies available through the federal marketplace exchange have out-of-pocket costs that make them unaffordable for working people if they get sick.

Easterling recounted a story of two of his friends diagnosed with similar cancers. One was uninsured and self-employed, and did not get early diagnosis or treatment. He's now in hospice and on death's door. The other friend, with insurance, received an early diagnosis and treatment and is now cancer .

“This is a matter of life and death. It is certainly more than a political debate,” Easterling told the crowd.

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But the issue of expanding Medicaid is currently engulfed in the political process of the Mississippi Legislature. The House has passed a bill to expand Medicaid as is under federal law to those earning up to 138% of the federal poverty or about $20,000 annually for an individual. Under the House plan, the federal would pay 90% of the health care costs and provide the state with almost $700 million more over the first two years as incentive to expand Medicaid as 40 other states have done.

READ MORE: Experts analyze House, Senate Medicaid expansion proposals, offer compromise plan

Under the Senate plan, coverage would be provided to working people earning less than 100% of the federal poverty level and the federal government would pay much less of the costs.

Studies indicate that the Senate plan would cost the state more and cover fewer people. At the rally, people wore yellow T-shirts that read, “close the coverage gap” and “leave no one behind.”

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Easterling said that by refusing to expand Medicaid for the last 11 years, “This state has struck a match to $12 billion … and that money was earmarked specifically to increase access to health care.”

He added, “Two days ago most of us wrote a check to the IRS. Now explain to me in simple terms, I am pretty simple, why my (federal) tax money in Mississippi went to increase access to health care in 40 states and not any of it came back to Mississippi.”

Dr. Randy Easterling, a Vicksburg family physician, speaks about Medicaid expansion during a Medicaid expansion rally at the Capitol in Jackson, Miss., on Wednesday, April 17, 2024. Credit: Eric Shelton/

“We take federal money right and left,” Easterling said. “We take hundreds of millions of federal dollars for highways, education, the Health Department, law enforcement and natural disasters … But for some reason we push back on additional money for health care. I would submit to you this is a matter of life and death.”

Robin Y. Jackson, with the Mississippi Black Women's Roudtable, told of dropping out of school to care for a family member. In the process she developed a chronic health problem. She said she was unable to get help, but later got a job with health insurance even though her employer knew she had costly medical maladies. After surgeries costing tens of thousands of dollars, she said she is finally well.

“I was lucky,” she said. Others are not so lucky. She said with Medicaid expansion everyone could receive the treatment she was lucky enough to receive.

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She said as shepherds of Mississippians, politicians should strive “to leave no one behind.”

Sonya Williams Branes, a former legislator, a small business owner and state policy director for the Southern Poverty Law Center, recounted the struggles she faced with her young son who had chronic asthma. As a small business owner at the time, she struggled to provide health care for her family and her employees.

“To ensure my son remained eligible for CHIP, a program that provided him with vital medical care, I was forced into a corner,” Barnes said. “Making more money, expanding my business and hiring more staff – all paths to improving our lives – would disqualify him from the program, pushing essential health care out of reach.

“Our system is broken,” Barnes said. “It punishes ambition and stifles growth.”

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Before the Care4Mississippi rally, the Legislative Black Caucus on Wednesday morning held a press conference calling for adoption of the House's more expansive Medicaid coverage plan.

“We remain committed to having full expansion and covering as many working Mississippians as possible,” said House Minority Leader Robert Johnson, D-Natchez. “Our goal is to sustain health care in Mississippi and sustain it in a way that it doesn't matter where you or what your income is.”

Credit: Bethany Atkinson

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Stories

Mississippi Stories: Natalie Moore

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mississippitoday.org – Marshall Ramsey – 2024-04-17 13:10:43

Mississippi Stories: Natalie Moore

In this episode of , Editor-at-Large Marshall Ramsey sits down with Natalie Moore, Peer Wellness Services Coordinator for the Mississippi Mental Association. Moore and Ramsey share their experiences battling mental health issues and the Congregational Recovery Outreach Program's upcoming mental health summit.

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CROP is a faith-based, grant program that aims to individuals recovering from substance use disorders and mental illnesses.


This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1863

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mississippitoday.org – Jerry Mitchell – 2024-04-17 07:00:00

April 17, 1863

Credit: Courtesy of Zinn Education

As darkness fell on San Francisco, a young Black woman named Charlotte Brown walked a block from her home on Filbert Street and took a seat on the “whites-only” horse-drawn streetcar. 

She and her had moved to California from Maryland, a part of the 's burgeoning Black middle class. Her father, James E. Brown, was an anti- crusader and was a partner in the Black newspaper, Mirror of the Times. 

When the conductor came to collect tickets, she handed him the ticket she had purchased, only for him to refuse to take it. 

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“He replied that colored persons were not to ride,” she later testified. “I told him I had been in the habit of riding ever since the cars had been running. I answered that I had a great ways to go and I was later than I ought to be.” 

The conductor asked her several times to . Each time she refused. When a white woman objected to her presence, the conductor grabbed her by the arm and forced her off the streetcar. She boarded twice more with the same result and sued. 

Two years later, a jury awarded her the huge sum in her day of $500 (streetcar tickets were just 5 cents), and a judge ruled that barring passengers on the basis of race was illegal. He wrote in his ruling that he had no desire to “perpetuate a relic of barbarism.” 

Her victories paved the way for the official end of racial discrimination on streetcars in San Francisco and beyond.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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