Jackson Women's Health Organization is continuing its fight to keep providing abortions, one day after the procedure became illegal in Mississippi.
Lawyers for the clinic had asked Special Chancery Judge Debbra K. Halford to grant them an injunction, which would have allowed them to continue performing abortions while they pursued a legal fight over whether the state constitution protects abortion access.
The clinic's case hinges on a 1998 state supreme court decision that found a right to an abortion was based on Mississippi state law. Since the overturn of Roe v. Wade only impacts federal law, the clinic argues the state court's decision remains in place.
The state argues that the state court's decision was heavily influenced by Roe v. Wade and that it should no longer be considered good law. Halford sided with the state.
"We are disappointed with this failure to enforce the Mississippi Constitution. We are reviewing the judge's decision and considering our options," longtime attorney for the clinic Rob McDuff said in a statement shortly after Halford's decision.
Now, McDuff and the rest of the clinic's legal team have decided on which option to take: appeal.
Abortion became illegal in Mississippi 10 days after Attorney General Lynn Fitch certified that Roe v. Wade had been overturned. With states across the South implementing abortion bans and restrictions, Mississippians could soon face journeys of hundreds of miles in order to legally obtain an abortion.
A date has not yet been set to hear the clinics appeal, and in the meantime abortion remains illegal in Mississippi.
This article originally appeared on Mississippi Clarion Ledger: Jackson's Women's Health Organization files appeal over abortion ban