Filed Date: June 27, 2022
Closed Date: July 19, 2022
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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)
Last updated Aug. 30, 2023, 1:37 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Mississippi
Case Type(s):
Special Collection(s):
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):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
Reproductive rights:
Time-based abortion prohibition
Reproductive health care (including birth control, abortion, and others)