JACKSON, Miss. — Mississippi lawmakers on Thursday passed what would be the nation’s most restrictive abortion law, making the procedure illegal in most cases after 15 weeks of pregnancy. The state’s only abortion provider pledged to sue, and the attorney general said he expected a tough legal battle ahead.
Lawmakers in the Republican-controlled Legislature appeared to not only expect, but to encourage, such challenges in hopes the issue will eventually make its way to the U.S. Supreme Court.
The House voted 75-34 in favor of the bill, and Republican Gov. Phil Bryant said again Thursday that he would sign it. Because of necessary paperwork, it won’t reach his desk until next week.
“We are protecting more women, we are protecting more children, by moving from 20 to 15 weeks,” said House Judiciary B Committee Chairman Andy Gipson, a Braxton Republican.
Under the Supreme Court’s 1973 Roe v. Wade ruling establishing a nationwide right to abortion, states were permitted to restrict abortions after viability — the point when the fetus has a reasonable chance of surviving under normal conditions outside the uterus. The ruling offered no legal definition of viability, saying it could range between 24 and 28 weeks into a pregnancy.
The Mississippi measure “seems like a pretty simple bill designed to test the viability line that the Supreme Court has drawn,” said David Forte, a law professor at Ohio’s Cleveland State University.
There are two exceptions to House Bill 1510: if the fetus has a health problem that would prevent it from surviving outside the womb at full term, or if the pregnant woman’s life or a “major bodily function” is threatened by the pregnancy.
Pregnancies as a result of rape and incest are not exempt.
It’s unclear if a 15-week ban will move forward elsewhere. A bill has been filed for Louisiana’s upcoming legislative session. Gipson said lawmakers in Texas, Georgia and “some Midwestern states” are exploring the idea.