JACKSON — A federal judge on Wednesday decided to continue to block a state law that threatened to shut down Mississippi’s only abortion clinic and make it nearly impossible for a woman to get the procedure in the state.
U.S. District Judge Daniel P. Jordan III temporarily blocked the law July 1 and extended that order Wednesday, though he did not immediately say how long it would last.
The U.S. Supreme Court has ruled that states can’t place undue burdens or substantial obstacles to women seeking abortion. The law would require anyone performing clinic abortions to be an OB-GYN with privileges to admit patients to a local hospital. The doctors at the clinic in Jackson do not have those privileges, and the clinic says the privileges aren’t medically necessary.
Supporters of the law say it’s designed to protect patients. Republican Gov. Phil Bryant says he hopes it will help make Mississippi “abortion-free.”
The clinic, Jackson Women’s Health Organization, says it has been unable to obtain admitting privileges for its two out-of-state OB-GYNs because local hospitals have not responded to their requests.
Admitting privileges can be difficult to get because hospitals might not grant them to out-of-state physicians, or hospitals with religious affiliations might not give them to doctors who perform abortions.
The clinic said it would face “irreparable harm” if the law were to be enforced because hospitals haven’t said when — or if — they’ll consider the admitting privileges. The clinic wanted the judge to continue to block the law to see if its doctors can get the privileges.
“If they’re denied or if the hospitals are dragging their feet, that’s going to be more clear evidence that there’s a substantial obstacle” to access to an abortion, clinic attorney Robert McDuff said.
The government said the privileges help protect patients by ensuring they have continuity of care if a woman needs to go to the hospital. They also note that while the clinic might have to wait to get hospital privileges, “inconvenience is not ‘irreparable harm.'”
The state attorney general’s office declined to comment after the hearing.
The law was passed by the GOP-controlled Legislature and when Republican Gov. Phil Bryant signed it, he said: “If it closes that clinic, then so be it.”
The state’s attorney had argued that any anti-abortion statements by elected officials were “weak evidence” that the purpose of the law was to prevent abortions.
Terri Herring of the Pro Life America Network lobbied for the law and attended the court hearing. After the judge’s decision, Herring said the hospitals should deny admitting privileges for the abortion clinic’s doctors.
“There’s no vetting process for fly-by-night physicians who come in and perform abortions at the clinic,” Herring said.
The clinic uses out-of-state physicians because in-state physicians generally don’t want to face the social pressure of having protesters at their offices, homes or churches, clinic employees say.
Opponents of the law say any patient experiencing complications could receive immediate care from emergency room physicians.
The clinic for the past several years has also had a transfer agreement with a local OB-GYN who has hospital admitting privileges. He doesn’t perform abortions at the clinic but provides backup help by agreeing to meet clinic patients at a hospital if there’s an emergency.
Clinic owner Diane Derzis said since she acquired Jackson Women’s Health Organization in 2010, no woman has had to be taken from the clinic by ambulance.
The U.S. Supreme Court’s Roe v. Wade decision in 1973 established a nationwide right to abortion. In 1992, the court’s decision in Planned Parenthood v. Casey upheld the Roe decision and allowed states to regulate abortions before fetuses are viable. But the 1992 decision also said states may not place undue burdens or substantial obstacles to women seeking abortion.
If the clinic closed, the closest clinics to Jackson are about 200 miles away, in Louisiana, Tennessee and Alabama.
Mississippi physicians who perform fewer than 10 abortions a month can avoid having their offices regulated as an abortion clinic, and thus avoid restrictions in the new law. The clinic’s owner has said the clinic is unlikely to stay open and perform that few abortions per month. The Health Department said it doesn’t have a record of how many physicians perform fewer than 10 abortions a month.
Clinic operators say almost all the abortions in the state are done in their building. They say in court papers that the clinic did about 3,000 abortions in 18 months.