An all but forgotten 1998 ruling by the state Supreme Court declaring a right to an abortion is granted in the state Constitution could prolong the fight over abortion in Mississippi despite last week’s landmark decision overturning Roe v. Wade.
A pro-choice activist holds a sign outside of the Jackson Women's Health Organization in Jackson, Miss., Friday, June 24, 2022. The Supreme Court overturned Roe vs. Wade, the 1973 case that established a person’s right to an abortion.
Jackson Women’s Health Organization has filed a lawsuit in Hinds County Chancery Court arguing the trigger law is invalid because of the constitutional right to an abortion spelled out by the state Supreme Court in the 1998 decision. The lawsuit also will contend a separate state law that bans abortions after six weeks also should be invalid because of the same ruling. A federal court injunction blocking the six-week law from taking effect will be lifted based on the U.S.
The 1998 decision was written by then-Justice Michael Sullivan of Hattiesburg. He was joined by four other members of the nine-person court. The groups involved in filing the lawsuit for Jackson Women’s Health Organization, the last abortion clinic in the state, are the Mississippi Center for Justice, the Center for Reproductive Rights, and the law firm Paul, Weiss, Rifkind, Wharton & Garrison,
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