Case: Jackson Women's Health Organization v. Dobbs

25CH1:22-CV-00739 | Mississippi state trial court

Filed Date: June 27, 2022

Closed Date: July 19, 2022

Clearinghouse coding complete

Case Summary

On June 27, 2022, three days after the U.S. Supreme Court overruled Roe v. Wade in Jackson Women's Health Organization v. Dobbs, the Jackson Women’s Health Organization and a licensed physician brought this lawsuit in the Chancery Court of Hinds County, Mississippi First Judicial District (Mississippi state trial court) challenging the state’s Trigger Ban (Miss. Code Ann. § 41–41–45) and Six-Week Ban (Miss. Code Ann. § 41–41–34). The Trigger Ban is a near-total ban on abortion with criminal pen…

On June 27, 2022, three days after the U.S. Supreme Court overruled Roe v. Wade in Jackson Women's Health Organization v. Dobbs, the Jackson Women’s Health Organization and a licensed physician brought this lawsuit in the Chancery Court of Hinds County, Mississippi First Judicial District (Mississippi state trial court) challenging the state’s Trigger Ban (Miss. Code Ann. § 41–41–45) and Six-Week Ban (Miss. Code Ann. § 41–41–34). The Trigger Ban is a near-total ban on abortion with criminal penalties on any person, other than the pregnant person, who performs, attempts to perform, or induces an abortion in Mississippi. The Six-Week Ban prohibits abortion after a “fetal heartbeat” is detected at approximately six weeks of pregnancy. This lawsuit, brought against the Mississippi Department of Health, the Mississippi Board of Medical Licensure, the District Attorney and County Attorney for Hinds County, and the City Attorney for the City of Jackson, claimed that the abortion bans were unconstitutional under the Mississippi Constitution because they violated the right to privacy encompassed in the inherent rights clause (Art. 3, § 32). Represented by the Mississippi Center for Justice, Plaintiffs sought (1) declaratory relief stating that the Trigger Ban and the Six-Week Ban violated the Mississippi Constitution, (2) preliminary and permanent injunctions prohibiting the enforcement of the Trigger Ban and the Six-Week Ban, and (3) attorneys’ fees and costs. This case was assigned to Special Chancellor Debra K. Halford.

On July 5, 2022, the court issued an opinion denying Plaintiffs’ motion for a preliminary injunction. The court reasoned that there was no substantial likelihood that Plaintiffs would prevail on the merits, harm and consequences could be avoided by compliance with the bans, the potential harm to the State and its future outweighed that of any potential threatened harm to the Plaintiffs, and that there was a strong public interest in having the laws of the State enforced. 

In response, Plaintiffs filed a motion in the Supreme Court of Mississippi on July 8, 2022 for expedited review of the petition for interlocutory appeal, or in the alternative, for a writ of mandamus, and for emergency relief. On the same day, the Supreme Court of Mississippi denied this motion without explanation.

On July 19, 2022, Plaintiffs voluntarily dismissed their case without prejudice, stating that as a result of the abortion bans, Jackson Women’s Health Organization had decided to close and sell the building. As a result, they were no longer in a position to move forward with the case. The case is closed.

Summary Authors

Kathleen Lok (3/17/2023)

Documents in the Clearinghouse

Document
2

25CH1:22-CV-00739

Complaint for Declaratory and Injunctive Relief

Jackson Women’s Health Organization v. Dobbs

June 27, 2022

June 27, 2022

Complaint
39

25CH1:22-CV-00739

Memorandum Opinion and Order Denying Plaintiffs' Motion for Preliminary Injunctive Relief

Jackson Women’s Health Organization v. Dobbs

July 5, 2022

July 5, 2022

Order/Opinion

2022-M-00681-SCT

Order

Jackson Women’s Health Organization v. Dobbs

Mississippi state supreme court

July 8, 2022

July 8, 2022

Order/Opinion
43

25CH1:22-CV-00739

Plaintiff's Notice of Dismissal

Jackson Women’s Health Organization v. Dobbs

July 19, 2022

July 19, 2022

Pleading / Motion / Brief

Docket

Last updated Aug. 30, 2023, 1:37 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Mississippi

Case Type(s):

Reproductive Issues

Special Collection(s):

Abortion Trigger Ban Cases

Key Dates

Filing Date: June 27, 2022

Closing Date: July 19, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Jackson Women’s Health Organization, a clinic providing abortion care in Mississippi, and its Medical Director.

Plaintiff Type(s):

Closely-held (for profit) corporation

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Board of Medical Licensure, State

District Attorney (Hinds), County

County Attorney (Hinds), County

Mississippi Department of Health, State

City Attorney (City of Jackson), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

Reproductive rights:

Abortion

Cardiac activity legislation

Complete abortion ban

Reproductive health care (including birth control, abortion, and others)

Time-based abortion prohibition