On July 29, a three judge federal appeals panel blocked implementation of a TRAP (targeted regulation of abortion practitioners) law in Mississippi that would have shut down that state’s only abortion clinic. (New York Times)
The court’s reasoning was that by closing down its only abortion clinic, (by requiring its doctors to have admitting privileges at a local hospital, which the doctors were unable to achieve) the state was illegally shifting its constitutional obligations to neighboring states.
Now, this is not a bad decision. For one thing, it allows the Jackson Women’s Health Organization to remain open and continue serving the women of Mississippi. So as far as it goes, that is a very good thing. However, other three judge panels from the same appellate court have previously upheld similar restrictions on clinics in Texas. The difference is that in Texas, the restrictions would not have shut down the state’s only clinic—some Texas clinics remain that are able to jump through the medically unnecessary regulatory hoops posed by the TRAP laws.
It is not clear at this time whether the state of Mississippi plans to appeal the decision. However, the movement for reproductive rights cannot rely on courts to protect our rights. What is needed is a massive, independent and non-partisan mobilization in the streets of women and our allies in defense of abortion rights.
