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Jackson Women's Health Orgn v. Thomas Dobbs
Citation: Not availableDocket: 19-60455
Court: Court of Appeals for the Fifth Circuit; February 19, 2020; Federal Appellate Court
Original Court Document: View Document
Mississippi enacted a law in 2018 prohibiting abortions after 15 weeks’ gestational age, which was subsequently enjoined by a district court. The Fifth Circuit upheld this injunction, determining that the 15-week ban constitutes an unconstitutional prohibition on previability abortions, as established in *Planned Parenthood of Southeastern Pennsylvania v. Casey*. In 2019, Mississippi introduced Senate Bill 2116, making it a crime to perform an abortion after a fetal heartbeat is detected, with limited exceptions for preventing death or serious bodily injury. The parties disagree on when a fetal heartbeat can be detected, with the clinic asserting it occurs at six weeks, while Mississippi claims it can occur between six and twelve weeks. Regardless, all parties acknowledge that cardiac activity can be detected before viability, making the law unconstitutional. Following the earlier ruling against the 15-week ban, Mississippi conceded that the fetal heartbeat law is similarly unconstitutional. The court distinguished between outright bans on abortion and regulations of specific abortion methods or reasons, noting that Senate Bill 2116 represents a previability ban, which is not permissible under existing Supreme Court precedent. The Fifth Circuit affirmed the district court's preliminary injunction against the enforcement of Senate Bill 2116.