5th Circuit refuses to reconsider Mississippi's abortion law

The full 5th Circuit U.S. Court of Appeals has refused to reconsider a ruling blocking Mississippi from enforcing a law requiring doctors who perform abortions in the state to have admitting privileges at local hospitals.

In late July, a panel of the 5th U.S. Circuit Court of Appeals ruled 2-1 that the law is unconstitutional because it would close Mississippi's only abortion clinic.

Attorney General Jim Hood then filed papers on behalf of the state asking the full court to reverse the three-judge panel's ruling and allow Mississippi to enforce the law passed in the 2012 Legislature.

Mississippi asked a federal appeals court to uphold a 2012 state law requiring abortion clinic doctors to obtain hospital admitting privileges.

The state's only abortion clinic, Jackson Women's Health Organization, uses out-of-state physicians who travel to Mississippi several times a month. They applied for admitting privileges at Jackson-area hospitals, but clinic owner Diane Derzis said they did not receive responses. Many hospitals, including some with religious affiliation, ignore or reject applications from abortion clinic doctors and won't grant privileges to out-of-state physicians.

Gov. Phil Bryant has said he wants to end abortion in Mississippi and he wants to go to the U.S. Supreme Court, if necessary, to try to uphold the admitting privileges law. He and other supporters say the law would protect women's health by ensuring that a physician who performs an abortion in a clinic would also be able to treat the patient in a hospital in case of complications.

"I am certainly disappointed in the court's decision," Bryant said. "This not only places women's health in jeopardy, but allows physicians to practice this dangerous medical procedure without the benefit of admitting privileges to a local hospital."

Opponents say the requirement is unnecessary, since patients in distress are automatically treated in emergency rooms, and that it gives religious-affiliated hospitals veto power over who can work in an abortion clinic and, by extension, whether a clinic can stay in business.

Ten other states have similar admitting privileges laws that have forced a growing number of clinics to close.

The 5th Circuit handles cases from Mississippi, Texas and Louisiana and is one of the most conservative federal appeals courts.

In asking all 15 judges on the 5th Circuit to reconsider the Mississippi case, Hood wrote that a different group of 5th Circuit judges earlier this year allowed a Texas admitting privileges law to take effect.

In refusing to reconsider the case, the Fifth Circuit also continued to block the law from taking effect, allowing the clinic to remain open.

The lawsuit filed against the state law was brought by New York-based Center for Reproductive Rights on behalf of the Jackson Women's Health Organization and Dr. Willie Parker.

"For now, the sole clinic providing safe, legal abortion care can keep its doors open for the women of Mississippi," said Nancy Northup, president and CEO of the Center for Reproductive Rights. ""Earlier decisions in this case have rightly recognized the very real and severe harm that would befall countless women in Mississippi if the state's only abortion clinic were shuttered."

Contact Jimmie E. Gates at jgates@jackson.gannett.com or (601) 961-7212. Follow @jgatesnews on Twiiter.