Lone Mississippi abortion clinic seeks legal path to reopen

Jul 7, 2022, 11:35 AM | Updated: Jul 10, 2022, 10:11 am

Abortion rights advocates stand outside the Jackson Women's Health Organization clinic in Jackson, ...

Abortion rights advocates stand outside the Jackson Women's Health Organization clinic in Jackson, Miss., and attempt to shout down a group of abortion opponents, Thursday, July 7, 2022. The clinic was the only facility that performed abortions in the state. However, on Tuesday, a chancery judge rejected a request by the clinic to temporarily block a state law banning most abortions. Without other developments in the Mississippi lawsuit, the clinic ceased abortions the end of business Wednesday and the state law took effect Thursday. The clinic saw a limited number of patients on Thursday, but not for abortions. (AP Photo/Rogelio V. Solis)

(AP Photo/Rogelio V. Solis)

JACKSON, Miss. (AP) — Attorneys for Mississippi’s only abortion clinic filed papers Thursday asking the state Supreme Court to block a new law that bans most abortions and to let the clinic reopen next week.

The clinic, Jackson Women’s Health Organization, is at the center of the recent U.S. Supreme Court ruling that overturned Roe v. Wade and took away women’s constitutional protection for abortion nationwide.

A Mississippi law that took effect Thursday bans most abortions, and the clinic performed its last procedures Wednesday. Clinic attorneys are making the same arguments that a trial court judge rejected Tuesday as the clinic tried to block the law from taking effect. They said that in 1998, the Mississippi Supreme Court ruled that the state constitution has a right to privacy that includes abortion.

“Absent relief, Mississippians will continue to be denied their rights under the Mississippi Constitution to privacy and bodily autonomy, as they are compelled by the State to endure the risks of pregnancy and bear children against their will,” clinic attorney Rob McDuff wrote.

It was not immediately clear when the conservative state Supreme Court would consider the appeal.

Diane Derzis, owner of the Mississippi clinic, told The Associated Press that she will have staff available to reopen the facility if the state Supreme Court allows.

“I’m not hopeful, but there’s always a possibility,” Derzis said Thursday.

As for the legal filing and the effort to stay open, she said: “All of us needed to know we exhausted all possibilities.”

The Mississippi clinic is best known as the Pink House because of its bright paint job. Some staff members were inside Thursday to do paperwork and follow-up appointments for a few patients. About 30 abortion opponents held a Christian worship service on a street next to the clinic.

“No more murdering innocent children here,” said Dr. Coleman Boyd, a physician who has frequently protested outside the clinic. “Christ is exalted. Innocent bloodshed in this building is done.”

Several of the abortion opponents yelled at Dr. Cheryl Hamlin as she arrived. Hamlin is an OB-GYN who has traveled from Boston the past five years to do abortions in Mississippi. She strode across the clinic parking lot and jabbed her finger at abortion protester John Busby, who called on her to repent.

“You’re idiots,” Hamlin said. “You don’t care. You’re going to hell. You. You are going to burn in hell. I’m so sick of you.”

As Hamlin walked away, Busby called after her: “You’re going to die in your sin, Cheryl, unless you repent for Jesus Christ.”

Also Thursday, North Dakota’s sole abortion clinic filed a state lawsuit seeking to block a trigger law banning abortion following the U.S. Supreme Court’s decision to overturn Roe v. Wade, the landmark 1973 ruling.

The Red River Women’s Clinic argues the ban violates the rights to life, safety and happiness guaranteed by the state constitution that protect the right to abortion. It said the ban also infringes on the right to liberty because it “deprives patients of the ability to control decisions about their families and their health.”

The North Dakota lawsuit is just the latest litigation to take aim at restrictions on abortions after the Supreme Court said the procedure was no longer protected by the U.S. Constitution.

The suit also questions Attorney General Drew Wrigley’s statement that the ban would take effect July 28. The clinic argued that the Supreme Court released its opinion June 24 but has not yet issued its judgment, which it said is a necessary step to trigger the state ban. The clinic said the high court typically takes that step at least 25 days after the opinion.

In certifying the closure date, Wrigley said “there’s not any ambiguity” in the Supreme Court decision. He said Thursday that his office is “carefully reviewing and evaluating” the complaint, but that he would not comment further until his response is filed.

Tammi Kromenaker, owner and operator of the Red River Women’s Clinic in Fargo, has said the facility would move across the river to Moorhead, Minnesota, if necessary but she would explore every legal option to remain open in North Dakota.

“We have faced relentless attacks from North Dakota lawmakers who have long wanted us gone,” Kromenaker said in announcing the lawsuit. “But we will fight this draconian ban like the other outrageous bans and restrictions that came before it.”

“In the meantime, we will keep our doors open to provide abortion care to patients who need us,” she said.

Also Thursday, national leaders advocating for abortion access were in South Carolina Thursday, when a committee considering a bill “to prohibit abortions” met for the first time to hear public testimony.

While a South Carolina law banning abortion around six weeks of pregnancy took effect on June 27, lawmakers are expected to return for a special session to further restrict the procedure.

Planned Parenthood Action Fund President Alexis McGill Johnson came to the statehouse one day after an appearance in North Carolina, where Democratic Gov. Roy Cooper signed an executive order protecting out-of-state abortion patients from extradition. She praised North Carolina as an abortion “refuge” and condemned South Carolina lawmakers’ efforts.

“All of these laws are designed to create chaos and confusion for people seeking access to care,” Planned Parenthood Action Fund President Alexis McGill Johnson told The Associated Press.

___

Dave Kolpack reported from Fargo, North Dakota, and James Pollard reported from Columbia, South Carolina.

____

For AP’s full coverage of the Supreme Court ruling on abortion, go to https://apnews.com/hub/abortion

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - Gabby Petito's mother Nichole Schmidt, wipes a tear from her face during a news conference o...

Associated Press

Mother of man who killed Gabby Petito said in letter she would help son ‘dispose of a body’

The mother of the man who killed Gabby Petito told her son in an undated letter that she would “dispose of a body” if needed because she loved him so much, according to copies of the note shared publicly for the first time this week by attorneys for Petito's parents.

2 days ago

A member of the 3rd U.S. Infantry Regiment, also known as The Old Guard, places flags in front of e...

Associated Press

5 things to know about Memorial Day including its controversies

Memorial Day is supposed to be about mourning the nation’s fallen service members, but it’s come to anchor the unofficial start of summer and a long weekend of discounts on anything from mattresses to lawn mowers.

2 days ago

FILE - This artist sketch depicts the trial of Oath Keepers leader Stewart Rhodes, left, as he test...

Associated Press

Officers describe chaos, fear on Jan. 6 as judge weighs prison time for Oath Keepers’ Rhodes

Police officers who defended the U.S. Capitol on Jan. 6, 2021, and public servants who fled the mob's attack told a judge on Wednesday that they are still haunted by what they endured, as the judge prepares to hand down sentences in a landmark Capitol riot case.

3 days ago

Pride month merchandise is displayed at the front of a Target store in Hackensack, N.J., Wednesday,...

Associated Press

Target on the defensive after removing LGBTQ+-themed products

Target once distinguished itself as being boldly supportive of the LGBTQ+ community.

4 days ago

(Photo By Tom Williams/CQ Roll Call via Getty Images)...

Associated Press

Former Arizona television journalist announces bid for Schweikert’s US House seat

A former Phoenix television journalist announced her candidacy Wednesday for the congressional seat currently held by seven-term Republican Rep. David Schweikert.

4 days ago

Tortoise by Henry Davis earned an honorable mention in the "Adventures in Nature” student photo c...

Associated Press

When you adopt a desert tortoise, prepare for a surprisingly social and zippy pet

They’re not fluffy, they don’t play fetch and they certainly don’t roll over. But there is such a thing as a lap tortoise.

5 days ago

Sponsored Articles

...

OCD & Anxiety Treatment Center

5 mental health myths you didn’t know were made up

Helping individuals understand mental health diagnoses like obsessive compulsive spectrum disorder or generalized anxiety disorder isn’t always an easy undertaking. After all, our society tends to spread misconceptions about mental health like wildfire. This is why being mindful about how we talk about mental health is so important. We can either perpetuate misinformation about already […]

...

re:vitalize

Why drug-free weight loss still matters

Wanting to lose weight is a common goal for many people as they progress throughout life, but choosing between a holistic approach or to take medicine can be a tough decision.

...

Day & Night Air Conditioning, Heating and Plumbing

Company looking for oldest air conditioner and wants to reward homeowner with new one

Does your air conditioner make weird noises or a burning smell when it starts? If so, you may be due for an AC unit replacement.

Lone Mississippi abortion clinic seeks legal path to reopen