The United States Law Week

Mississippi’s 15-Week Abortion Ban Invalid, Fifth Circuit Says

Dec. 16, 2019, 1:55 PM

Mississippi may not enforce a law that bans previability abortions after 15 weeks’ gestation, the Fifth Circuit said.

A lower court properly determined that the constitutionality of HB 1510 hinged on a single issue: whether the law prohibits abortions performed before a fetus would be able to survive outside the womb, the U.S. Court of Appeals for the Fifth Circuit said Dec. 13. Because Mississippi had no evidence a fetus may reach that point at 15 weeks, the law is invalid, it said.

Mississippi’s legitimate interests in issues like fetal and maternal health don’t justify the 15-week law, the court...

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