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Jackson Women's Health Organization v. Currier

Jackson Women's Health Organization v. Currier

Federal court challenge to a Mississippi state law designed to close the state’s only abortion clinic, which requires abortion providers at the clinic to be board certified obgyns and have admitting privileges at local hospitals. The state’s only remaining clinic has been unable to comply. In April 2013, the U.S. District Court for the Southern District of Mississippi granted a preliminary injunction prohibiting the law from taking effect while the suit is pending. In reviewing an appeal by the state, a three-judge panel of the 5th Circuit Court of Appeals upheld the injunction on July 29, 2014, finding that the law impermissibly shifted a constitutional burden onto other states. The state had argued that, although there would be no clinics in Mississippi, the law imposes no undue burden on Mississippi citizens because the procedure would still be available in Tennessee, Louisiana, and Alabama. The majority rejected that argument, stating that Mississippi cannot rely on neighboring states to protect its citizens’ constitutional rights. Current Status: In February 2015, Mississippi filed a petition for a writ of certiorari. (See the law here. See the district court order here. See the 5th Circuit opinion here. Read more about the case here. Read more about the status of the state’s petition here.)