U.S. District Judge Tom Lee on Friday issued a preliminary injunction blocking the enforcement of a Mississippi law that requires all abortions on women more than 13 weeks pregnant to be performed in licensed hospitals or ambulatory surgical centers, the Jackson Clarion-Ledger reports (Gates, Jackson Clarion-Ledger, 7/24). Mississippi Gov. Haley Barbour (R) signed the law in May. Previously, state law allowed abortions to be performed at abortion clinics until 16 weeks' gestation. The Jackson Women's Health Organization in Jackson, Miss., earlier this month filed a federal lawsuit challenging the law. JWHO said that the law violates the privacy rights of women seeking abortions and is requesting that the law be declared unconstitutional in federal court. Susan Hill, president of JWHO, said that the clinic has applied for an ambulatory surgical center license every two years since it opened in 1995, but the state has said that it provides no such licenses (Kaiser Daily Reproductive Health Report, 7/6). Lee on Friday said, "It would hardly be reasonable to conclude that the state's effective decision to ban early second-trimester abortions by this plaintiff, without reference to whether it meets the relevant health and safety criteria, does anything to further the state's professed desire to protect the health and safety of women who choose abortion." Lee said that he did not believe any abortion clinic in Mississippi could meet the law's requirements, according to the AP/Biloxi Sun Herald. Lee said that the preliminary injunction will remain in effect until he can rule on the lawsuit's merits (Elliott, AP/Biloxi Sun Herald, 7/24).

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Hill said, "We are thrilled and relieved with Judge Lee's decision," adding, "We can keep providing the service women need." Barbour said that he would continue to support the law, adding, "This is a sad day for pro-life Mississippians. I will support all available legal means to ensure that this law will ultimately prevail and begin providing better care for mothers and more protections for the unborn." Terri Herring, president of Pro-Life Mississippi, said that PLM will request that Lee allow the Americans United for Life and the American Family Association to defend the law in court, according to the Clarion-Ledger (Jackson Clarion-Ledger, 7/24).