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USMississippi judge who blocked 15-week abortion ban hears arguments on fetal heartbeat law

21:31  21 may  2019
21:31  21 may  2019 Source:   usatoday.com

More 'heartbeat' abortion bans advancing in South, Midwest

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Mississippi judge who blocked 15 - week abortion ban hears arguments on fetal heartbeat law . U.S. District Judge Carlton Reeves on Tuesday asked pointed questions about Mississippi 's law that bans abortions after a fetal heartbeat is detected, at approximately six weeks of pregnancy.

U.S. District Judge Carlton Reeves on Tuesday asked pointed questions about Mississippi 's law that bans abortions after a fetal heartbeat is detected, at approximately six weeks of pregnancy. In 2018, Reeves was the judge who struck down a 15 - week abortion ban . "Doesn't it boil down to six is less

Mississippi judge who blocked 15-week abortion ban hears arguments on fetal heartbeat law© Jose Luis Magana/AP Outside the Supreme Court building on Jan. 18, 2019.

U.S. District Judge Carlton Reeves on Tuesday asked pointed questions about Mississippi's law that bans abortions after a fetal heartbeat is detected, at approximately six weeks of pregnancy.

In 2018, Reeves was the judge who struck down a 15-week abortion ban.

"Doesn't it boil down to six is less than 15?" Reeves asked, adding that the new law "smacks of defiance to this court."

In his prior decision, Reeves wrote that “Mississippi’s law violates Supreme Court precedent, and in doing so it disregards the 14th Amendment guarantee of autonomy for women desiring to control their own reproductive health.”

How does Alabama's near-total abortion ban bill compare to Georgia's 'fetal heartbeat' law?

How does Alabama's near-total abortion ban bill compare to Georgia's 'fetal heartbeat' law? Georgia passed one of the most restrictive abortion bills in the US. How does Alabama's abortion bill legislators are currently weighing stack up?

Judge Carlton Reeves issued a preliminary injunction against Mississippi ’s so-called fetal A federal judge in Mississippi on Friday temporarily blocked a state law that effectively banned abortions The law was just one of the year’s so-called fetal heartbeat bills that, supporters and critics alike said

Federal judge blocks Mississippi 's ' heartbeat ' abortion law . Reeves' order will combine the lawsuit against Mississippi 's fetal heartbeat ban with an ongoing one against the state's previous 15 - week The latest interpretation ( Mississippi 's new law ) bans abortions in Mississippi after a fetal

Gov. Phil Bryant signed the bill into law in March and it's set to take effect July 1 if it's not blocked. The bill makes no exceptions for women who are victims of rape or incest.

“So a child who is raped at 10 or 11 years old, that child does not open their mouth, doesn’t tell their parents, the rapist may be in their home, nobody discovers until it’s too late — that is a fetal heartbeat has been detected — that child must bring the fetus to term under this statute, if the fetal heartbeat can be detected," Reeves said.

Mississippi judge who blocked 15-week abortion ban hears arguments on fetal heartbeat law© Provided by USA TODAY, a division of Gannett Satellite Information Network, Inc.

The Center for Reproductive Rights filed the legal challenge on behalf of Jackson Women’s Health Organization (JWHO), the state's last remaining abortion clinic, which does not perform abortions after 16 weeks.

Courts say anti-abortion 'heartbeat bills' are unconstitutional. So why do they keep coming?

Courts say anti-abortion 'heartbeat bills' are unconstitutional. So why do they keep coming? As often as they are introduced, these bills get stymied. They are held up in committees, rejected in legislative votes, vetoed by governors and struck down in courts. Not one state has managed to put a heartbeat bill into lasting practice. But there is a strategy.

A judge has blocked a Mississippi law that bans abortions once a fetal heartbeat can be detected, at the sixth or seventh week of pregnancy. If a fetus is not viable at 15 weeks lmp, it is not viable at 6 weeks lmp. The judge said the law “threatens immediate harm to women’s rights … and would

A federal judge who struck down Mississippi 's 15 - week abortion ban last year will hear arguments Tuesday on a new law that prohibits abortion once a fetal heartbeat If Reeves were to temporarily block the Mississippi law , he would hear arguments later on the larger question of constitutionality.

Hillary Schneller, staff attorney for the Center for Reproductive Rights, said Mississippi's heartbeat law is "blatantly unconstitutional" and likely won't survive a federal court challenge.

"It's critical to remind people that none of these bans have taken effect and we don’t expect any of them to take effect," Schneller told USA TODAY. "Every person deserves access to abortion no matter what state they live in.”

Opponents say the six-week bans, or heartbeat bills, are similar to total abortion bans because many women don’t know they are pregnant at six weeks.

Three other states — Georgia, Ohio and Kentucky — have enacted heartbeat bills this year. A Kentucky judge temporarily blocked the state's bill in March saying the American Civil Liberties Union's claim that it was unconstitutional would likely succeed in court.

The ACLU filed a federal lawsuit last week challenging Ohio's law, seeking an order to stop it from taking effect July 10. The ACLU has said it plans to challenge Georgia's heartbeat bill before it takes effect in January.

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The judge blocked the state from enforcing its ban , writing that Mississippi passed a law that it "The record is clear: States may not ban abortions prior to viability; 15 weeks [since a woman's last The law proposed exceptions in the case of a medical emergency or severe fetal abnormality.

The new legislation bans abortion procedures in Mississippi following the detection of a fetal heartbeat . Sarah Warnock, Clarion Ledger. Reeves is the same judge who in November struck down as unconstitutional Mississippi 's previous 15 - week abortion ban passed last year.

Jennifer Dalven, director of the ACLU Reproductive Freedom Project, said Georgia's law is likely to also get struck down.

"While there is some question whether the Supreme Court would overturn (Roe v. Wade)," Dalven said. "The federal district courts have no power to disregard the (unconstitutionality of abortion bans) even if they don’t like it."

At least 17 states nationwide are considering or have passed laws this year that restrict abortion rights.

MAP: Where is abortion legal? Everywhere. But ...

Last week, Alabama enacted the most extreme abortion ban the country has seen since the landmark Roe v. Wade decision in 1973. The law only allows abortion if the mother or fetus' lives are in danger and mandates prison time for doctors who perform the procedure.

Emboldened by a new conservative majority on the U.S. Supreme Court, Republican lawmakers say they are passing anti-abortion bills in an attempt to get Roe v. Wade overturned.

The Center for Reproductive Rights has 26 active lawsuits challenging anti-abortion bills across the country. Schneller said the Center and partnering organizations vow to challenge any law that strips women of their rights to an abortion.

Contributing: Sarah Fowler, Mississippi Clarion-Ledger

This article originally appeared on USA TODAY: Mississippi judge who blocked 15-week abortion ban hears arguments on fetal heartbeat law

Read More

All the states taking up new abortion laws in 2019.
In 2019, states are taking action to restrict or expand access to abortion amid a national debate over Roe v. Wade.Multiple states such as Kentucky and Georgia have passed bills that ban abortion once a fetal heartbeat is detected, around six weeks of pregnancy, while Alabama recently passed the strictest abortion law in the country, banning the procedure with few exceptions.Several other states are considering "trigger" laws that go into effect to ban abortion should Roe v. Wade be overturned, while other states like New York have passed bills that enshrine abortion rights.

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