Court Finds No Standing for Lawsuit Against Abortion Ban
A Mississippi judge dismissed a lawsuit on Tuesday that sought to challenge a perceived conflict between the state’s 2022 abortion ban and a 1998 Mississippi Supreme Court ruling that had previously guaranteed abortion rights. Hinds County Chancery Judge Crystal Wise Martin ruled that the plaintiffs, the American Association of Pro-Life Obstetricians and Gynecologists, lacked the legal standing to bring the case against the Mississippi State Board of Medical Licensure.
No Threat of Disciplinary Action Against Plaintiffs
The lawsuit, filed in November 2022, argued that the 1998 ruling, which protected abortion rights based on the right to privacy in the Mississippi Constitution, should remain valid despite the state’s new law banning most abortions. However, Judge Martin determined that the plaintiffs had not demonstrated any direct harm or threat of disciplinary action from the state medical board.
“The Board has no express authority to discipline a physician who declines to provide abortion services on conscience grounds,” Judge Martin wrote. She added that the plaintiffs’ allegations of “speculative harm” were not suitable for judicial review.
Appeal Expected from Plaintiffs
Aaron Rice, an attorney for the plaintiffs, expressed disappointment with the ruling and announced plans to appeal. “We will appeal the ruling and look forward to presenting this important constitutional question to the Mississippi Supreme Court,” Rice said.
Mississippi’s Evolving Abortion Laws
Mississippi has been at the center of the national abortion debate, especially after the U.S. Supreme Court used a Mississippi case in 2022 to overturn Roe v. Wade, effectively ending federal protection for abortion rights. Following this decision, the state’s only abortion clinic closed, and a new state law took effect, allowing abortions only in cases of rape or when the mother’s life is in danger.
In their lawsuit, the anti-abortion doctors challenged the 1998 Mississippi Supreme Court ruling, which they claim is no longer valid following the overturn of Roe. However, Mississippi Attorney General Lynn Fitch argued that the 1998 ruling was rendered obsolete by the U.S. Supreme Court’s 2022 decision.
