Halford set to hear suit challenging Mississippi trigger law

In the wake of the historic United States Supreme Court’s reversal of its 1973 Roe vs. Wade ruling, a hearing on the Magnolia State’s abortion “trigger law” was slated to be aired on Tuesday, July 5 in front of specially appointed Fourth Chancery District Judge Debbra K. Halford.

Last Thursday, Mississippi Supreme Court Chief Justice Mike Randolph announced Halford, whose district includes Franklin, Amite, Pike and Walthall counties, would serve as chancellor to preside over the case challenging the constitutionality of Mississippi’s “trigger law.”

This measure, as adopted, would effectively ban most abortion procedures in the state.

In 2007, the Mississippi Legislature authored this measure that ultimately became law and was slated to take effect shortly after the federal Roe vs. Wade ruling was overturned at some point in the future.

The “trigger law” prohibits abortions in Mississippi at any stage except in cases where medically necessary for the preservation of a mother’s life or where a pregnancy was caused by rape and had been reported to law enforcement.

The Jackson Women’s Health Organization is challenging the state’s measure in Hinds County Chancery Court after Mississippi Attorney General Lynn Fitch on Monday, June 27 certified the “trigger law” would take effect within 10 days — on Thursday, July 7 — in the wake of the federal Supreme Court action.

All four chancery judges in Hinds County recused themselves from the case prompting Halford’s appointment to hear the matter.

JWHO filed its suit the same day as Fitch’s announcement with the abortion services provider seeking to prevent the state from enforcing the “trigger law.”

The U.S. Supreme Court’s decision focused on the constitutionality of a 2018 Mississippi law that banned most abortion procedures after the first 15 weeks of pregnancy.

JWHO, which is the state’s lone abortion clinic, sued Dr. Thomas E. Dobbs, in his capacity as state health officer, and other officials in the matter.

Lower courts had prevented that measure’s enforcement via injunctions based on a previous ruling in the Planned Parenthood vs. Casey lawsuit from 1992 that upheld the right to have an abortion.

The appellate court ruled Mississippi’s 15-week statute placed an undue burden on abortion access with the clinic’s view being that a woman’s choice for abortion during that time frame was protected by rights to privacy under the U.S. Constitution’s 14th Amendment.

Oral arguments were heard in the case before the federal Supreme Court last December and the body ruled 6-3 to reverse those lower court rulings.

A majority of the justices noted abortion was not a constitutional right as it was not rooted in the nation’s history and that individual states have the authority to regulate access to such procedures.

In regards to Mississippi’s “trigger law,” a 1998 state Supreme Court ruling in Pro-Choice Mississippi vs. Fordice that abortion was a protected act under the state’s Constitution, will likely take center stage in the case being heard this week by Halford.

The federal high court’s ruling did not reverse the actions of the state’s Supreme Court from 24 years ago.

Under Mississippi law, chancery courts have jurisdiction over disputes regarding equity, domestic matters including adoptions, custody disputes and divorces, guardianships, sanity hearings, wills, and challenges to the constitutionality of state laws.