U.S. District Court Judge Dan Jordan conducted a 2 hour hearing yesterday on the Mississippi abortion clinic’s motion for a temporary restraining order to block enforcement of the law aimed at closing the state’s only abortion clinic. It sounds like the focus of the hearing was whether the clinic will suffer irreparable harm if the law takes effect.
The State of Mississippi pointed out that it will take months for the State to actually close the clinic. So is there irreparable harm if the State is not on the verge of closing the clinic? I don’t know. But the clinic’s argument is weaker this week than it was last week when it appeared that closure was imminent.
Regardless of the ruling on the motion, this case should be placed on an expedited track so that the issue of the law’s constitutionality is placed before the 5th Circuit Court of Appeals as soon as possible.
I’m not sure what adjective to use to describe the attempts by proponents of the bill to put the skunk back in the box on the question of the bill’s intent. Being politicians and all, proponents of the bill bragged after its passage that they had figured out a way to close Mississippi’s only abortion clinic. When it became evident after the clinic filed suit that those statements hurt the bill’s chances of withstanding a constitutional challenge, the Governor and Lieutenant Governor went silent and the bill’s sponsor (a man) was quoted as saying the bill is about women’s health.
It’s so disingenuous. Some reports of the hearing state that a national abortion rights opponent was at counsel table with the State’s attorneys at the hearing. If it’s about women’s health, why is the captain of the ship an anti-abortion figure?
It’s like going back to the 1960’s litigation to force desegregation at Ole Miss. Mississippi argued in Court that the fact that Ole Miss was all white had nothing to do with race. It was a ridiculous assertion.
For opponents of abortion, the ends justify the means. They are ok with not being honest in court if it will lead to ending legal abortions. The real question is not whether the bill is intended to outlaw abortions in Mississippi—everyone knows it is. The real question is whether Courts will allow lawmakers to circumvent abortion rights with disingenuous laws.