Mississippi Abortion Law: Understanding The Controversial Legislation

Mississippi's abortion law is a highly contested topic. Abortion is currently illegal in Mississippi unless the mother's life is at risk or in reported cases of rape. In 2007, Mississippi enacted a trigger ban prohibiting all abortions except those necessary to save the mother's life or if the pregnancy resulted from a reported rape. In 2019, Mississippi also passed a heartbeat law banning abortion after the detection of a foetal heartbeat. The US Supreme Court's decision to overturn Roe v. Wade in 2022 has further fuelled debates around abortion laws in Mississippi and the US.

Exceptions to the law

Mississippi's abortion law, which came into effect on July 7, 2022, prohibits abortion in nearly all situations. However, there are a few exceptions to the law that allow for abortions in specific circumstances. Here are the details:

Exceptions to the Mississippi Abortion Law:

• Preservation of the Mother's Life: The Mississippi abortion law allows for an exception if the procedure is necessary to preserve the life of the pregnant woman. This exception is included in all state abortion bans across the US. However, it is not always clear how much risk or how close to death the pregnant woman needs to be for this exception to apply. The determination of risk is also not left to the treating physician, creating ambiguity and potential delays in life-saving treatment.
• Rape or Incest: The Mississippi law also permits abortions in cases of rape or incest but only when the sexual assault has been reported to law enforcement or Child Protective Services (CPS) in the case of minors. This exception is intended to protect survivors of sexual violence. However, it has been criticised for potentially deterring survivors from reporting due to fear of retaliation or a lack of trust in law enforcement.
• Lethal Fetal Anomaly: While Mississippi's current law does not explicitly mention this exception, the state's previous Gestational Age Act, which outlawed abortion after 15 weeks, included an exception for fatal fetal abnormalities.

It is important to note that these exceptions may not always be workable in practice. For example, mental health conditions, which account for 20% of pregnancy-related deaths in the US, are rarely included as exceptions in abortion bans, and even when they are, the definitions are often vague and exclude many conditions. Additionally, multiple abortion bans in Mississippi and other states with contradicting exceptions create confusion for both patients and providers.

Penalties for unlawful abortion

Mississippi's abortion law, which came into effect on July 7, 2022, prohibits abortion in nearly all situations. The Mississippi Attorney General certified the state's trigger ban on June 27, 2022, which bans all abortions except to save the life of the pregnant person or in cases of rape or incest that have been reported to law enforcement.

Abortion is illegal in Mississippi unless the life of the mother is at risk or in reported cases of rape. The penalty for performing an unlawful abortion in Mississippi is a felony charge and a prison sentence of up to ten years. If the mother dies as a result of the unlawful abortion, the person performing the abortion will be charged with murder. Additionally, the license of any nurse or physician involved in the unlawful abortion will be automatically revoked.

Mississippi's abortion law also has implications for those who assist in unlawful abortions. Anyone who assists in performing or attempting to perform an unlawful abortion in Mississippi can be charged with a felony offense and face up to ten years in prison. This includes anyone who provides transportation, funds, or other assistance to a woman seeking an unlawful abortion.

The state's abortion law also impacts the availability of abortion services in Mississippi. The law has led to the closure of abortion clinics, as they are no longer able to provide abortion services legally. This has resulted in women having to travel out of state to access legal abortion services.

The Gestational Age Act

The Act states that at the 15-week marker, a foetus begins to "take human form", which is not supported by scientific evidence. It also perpetuates the idea that abortion carries significant physical and psychological risks to the patient, which has been disproven by numerous medical studies. According to the American College of Obstetricians and Gynecologists (ACOG), abortion is one of the safest medical procedures and is 14 times safer than childbirth.

The implementation of the Gestational Age Act will likely result in significant court fees for Mississippi, similar to the $2.2 million in legal fees that Arizona was ordered to pay in 2017 after enacting unconstitutional abortion prohibitions. Despite these costs and the lack of scientific basis for the Act, Mississippi continues to push for restrictions on abortion, reflecting a broader trend in conservative states across the nation.

The Dobbs v. Jackson Women's Health Organization case

Lower courts initially blocked the ban from taking effect, deeming it unconstitutional. However, Mississippi appealed to the Supreme Court, initially asking the Court to uphold its ban by arguing that it was consistent with Roe v. Wade. After Justice Amy Coney Barrett was confirmed to the Supreme Court, Mississippi changed its strategy and asked the Court to overrule Roe v. Wade outright.

The Supreme Court heard oral arguments in the case in December 2021 and issued its decision on June 24, 2022. In a 6-3 ruling, the Court upheld Mississippi's prohibition of pre-viability abortion and took the further step of overruling Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, effectively eliminating the federal constitutional right to abortion.

The Court's decision in Dobbs v. Jackson Women's Health Organization had far-reaching implications. It enabled states to impose drastic restrictions on abortion access and even ban it completely. Mississippi's trigger law, which bans all abortions except to save the life of the pregnant person or in cases of reported rape or incest, took effect following the Supreme Court's decision. This decision also set a precedent that threatened other judicially recognised rights relating to sex and marriage, such as the right to contraception and same-sex marriage.

The impact on maternal mortality rates

Mississippi's abortion law, which came into effect on July 7, 2022, prohibits abortion in nearly all situations. The only exceptions are when the mother's life is at risk or in reported cases of rape or incest. This law, known as the "trigger ban", was certified by the Mississippi Attorney General on June 27, 2022, following the U.S. Supreme Court's decision to overturn Roe v. Wade in the case of Dobbs v. Jackson Women's Health Organization.

The impact of this law on maternal mortality rates is complex and multifaceted. On the one hand, the law could potentially lead to a decrease in the number of abortions performed in Mississippi, which may seem like a positive outcome for those opposed to abortion. However, it is important to note that the law may also have negative consequences for maternal health and mortality rates.

Prior to the law taking effect, Mississippi already had a high maternal mortality rate, ranking 32nd in the country according to the 2018 America's Health Rankings produced by the United Health Foundation. The law's impact on this rate is likely to be negative, as similar restrictions in other states have been linked to higher rates of maternal death. A 2011 study by the Center for Reproductive Rights and Ibis Reproductive Health found that states with more abortion restrictions tend to have higher rates of maternal mortality, among other negative outcomes. While the study did not conclude that abortion restrictions were the direct cause of these factors, it suggested that the negative effects were likely linked to reduced access to healthcare, fewer healthcare facilities, and lower socioeconomic status.

The law's exception for cases where the mother's life is at risk may mitigate some of the potential negative impacts on maternal mortality rates. However, it is important to note that even in these cases, women in Mississippi may face significant barriers to accessing abortion services. The closure of the state's only abortion clinic in July 2022 means that women seeking abortions, even for medical reasons, may need to travel out of state. This can create financial, logistical, and emotional burdens that could further contribute to negative health outcomes.

Furthermore, the law's impact on maternal mortality rates may be felt disproportionately by certain communities. For example, African American women in Mississippi already experience a significantly higher preterm birth rate, and limited access to abortion services could exacerbate existing health disparities.

While the direct impact of Mississippi's abortion law on maternal mortality rates is challenging to predict, it is clear that the law has the potential to negatively affect the health and well-being of women in the state, particularly those from marginalized communities. It remains to be seen whether the law will lead to an increase in maternal deaths, but the available evidence suggests that improved access to healthcare and socioeconomic support, rather than restrictive abortion laws, are more effective at reducing maternal mortality.

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