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Judge could decide whether Mississippi will become 'abortion-free'

Mississippi’s only abortion clinic may close if a federal judge allows a state law to take effect. The decision could become 'a road map for how to close abortion clinics in other states.' 

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Jackson Women's Health Organization owner Diane Derzis walks past abortion opponents protesting outside Mississippi's only abortion clinic in Jackson, Miss., earlier this month. A Republican-appointed federal judge is considering the constitutionality of the state's stringent new abortion law.

Rogelio V. Solis/AP

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A federal judge’s ruling on Wednesday could shutter the only remaining abortion clinic in Mississippi, a major reproductive-rights battleground state where abortions are increasingly rare and teenage pregnancies are 60 percent more common than the national average.

Federal District Judge Daniel Jordan is hearing arguments and possibly ruling on whether to extend a temporary restraining order on a new state law, slated to have gone into effect on July 1, that requires more-advanced clinical certification for abortion-clinic nurses – something that some members of the clinic staff at this point do not have.

After Gov. Phil Bryant (R) publicly stated he’s in favor of an “abortion-free” state, the new abortion-clinic law is shaping up as a major test of a 1992 Supreme Court ruling that says states can regulate abortion clinics as long as they don’t put undue burdens on the rights of women. In that case, Planned Parenthood v. Casey, the court defined undue burden as having "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus."

In the decision, the Supreme Court left it to lower courts to set the bar for what constitutes “a substantial obstacle,” meaning that a ruling in the Mississippi abortion-clinic case could become part of “a road map for how to close abortion clinics in other states,” says Philip Thomas, an attorney who blogs at Mississippi Litigation Review Blog.   

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