A federal judge struck down a law in Mississippi banning abortion after 15 weeks.
U.S. District Judge Carlton Wayne Reeves ruled that the Mississippi law “unequivocally” violated the 14th Amendment, the portion of the Constitution that was used to justify Roe v. Wade in the Supreme Court. Roe legalized abortion across the country for up until fetal viability, which is generally understood to be up to 24 weeks into a pregnancy.
“Mississippi’s law violates Supreme Court precedent, and in doing so it disregards the Fourteenth Amendment guarantee of autonomy for women desiring to control their own reproductive health,” Reeves, an appointee of former President Barack Obama, wrote in his opinion.
He went on to ponder whether the state had intended to challenge Roe, noting that the Supreme Court has a different makeup under Trump. It has become more conservative under Trump’s nominees, Justices Neil Gorsuch and Brett Kavanaugh.
“If overturning Roe is the State’s desired result, the State will have to seek that relief from a higher court,” Reeves wrote.
The Mississippi law, one of the most restrictive in the U.S., was signed by Republican Gov. Phil Bryant in March and immediately triggered a lawsuit from the Center for Reproductive Rights.
Mississippi has only one abortion clinic, known as Jackson Women’s Health Organization, which performs abortions up to 15 weeks into a pregnancy.
The law provided exemptions if a fetus would be unable to survive outside the womb or if a pregnant woman’s life or “major bodily function” were to be threatened. It did not provide exemptions for rape or incest.
A bill to ban abortion after 20 weeks did not pass the Senate earlier this year, but 17 states already have bans in place.
