US District Judge Carlton Reeves signed a temporary restraining order that will prevent the state from enforcing the law for 10 days beginning Tuesday morning, arguing that the plaintiffs suing to overturn the law "are substantially likely to succeed on their claim" that the new law "is unconstitutional".
"The Supreme Court says every woman has a constitutional right to "personal privacy" regarding her body", Reeves wrote in his decision that quoted from the Supreme Court's 1973 Roe v. Wade ruling that banned states from outlawing abortion. He says the law is created to "make MS the safest place in America for an unborn child".
Paul Barnes, a special assistant state attorney general, argued that the law serves Mississippi's "interest in protecting maternal health and the state's interest in protecting unborn life".
Reeves did not rule from the bench but granted the temporary restraining order about an hour later, noting that clinic lawyers said a woman at least 15 weeks pregnant was scheduled to have an abortion Tuesday afternoon.
The law, which makes abortions after 15 weeks illegal, only allows exceptions in cases in which the mother's life is in danger or there is a fetal abnormality that is "incompatible with life". The suit was filed in the U.S. District Court for the Southern District of MS and listed both the Jackson Women's Health Organization and the abortion provider's resident physician, Dr. Sacheen Carr-Ellis, as plaintiffs.
House Speaker Philip Gunn was present when Bryant signed the bill into law.
Dr. Sacheen Carr-Ellis of the Jackson Women's Health Organization said in court papers filed Monday that a woman 15 weeks or more pregnant was scheduled for a Tuesday afternoon abortion. It's already gotten a judge to block the new law.
A federal judge has heard arguments from attorneys seeking and opposing an order that would temporarily block a new MS law banning abortions after 15 weeks' gestation.More news: New football league eyes start after 2019 Super Bowl
More news: Missouri Governor Appoints Cindy Hyde-Smith to Fill Thad Cochran's Senate Seat
More news: Geelani steps down from TeH post
The cases Reeves cited-Roe, Casey, and Hellerstedt-all prohibit a state from interfering with a pregnant person's right to a pre-viability abortion.
Republican Gov. Phil Bryant made the comments while he signed the law Monday in a closed ceremony, according to a video his office posted to social media. The state's only abortion clinic quickly sued.
The Mississippi clinic performed 78 abortions in 2017 when the fetus was identified as being 15 weeks or older, the lawsuit says.
Lt. Gov. Tate Reeves said in an emailed statement that the law is a major step toward accomplishing Mississippi's goal to protect the lives of the unborn.
Mississippi's governor has signed the nation's tightest abortion restrictions into law.
Dr. Sacheen Carr-Ellis, in a sworn statement, says she'll have to stop providing abortions to women past the 15 week ban, or else lose her MS medical license, as House Bill 1510 requires.