Abortion rights activists hope they’ve found a saving grace through a 1998 Mississippi Supreme Court decision.
Pro-choice Mississippi v. Fordice argues that the Mississippi Constitution granted abortion rights given the right of privacy in Mississippi.
The Mississippi Center for Justice has filed suit using this state supreme court decision to prove that the banning of abortions goes against the Mississippi constitution.
Jackson Women’s Health Organization outlined their hope with the lawsuit.
“We hope that the Mississippi state courts are going to rely on and follow that decision from 24 years ago holding that the Mississippi Constitution protects the right to an abortion independent of the federal constitution and that they would prevent the trigger law from going into effect that otherwise would outlaw abortion almost entirely as of July 7,” said Jackson Women’s Health Organization Attorney Rob McDuff.
While the lawsuit has the backing of state supreme court precedent, their chances of success in a post-Roe America could be slim.
With only nine days left for the Pink House to legally operate, time is of the essence.
The process for the lawsuit will start with a hearing in front of a trial court judge which is expected in a few days, according to McDuff.
If ruled against, the Jackson Women’s Health Organization can then appeal to the Mississippi Supreme Court and begin to argue their case.