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Federal court blocks Mississippi law protecting babies with beating hearts
A Mississippi law that bans aborting the vast majority of babies hit a roadblock in federal appeals court Thursday, albeit one the law’s supporters fully anticipated.
Last March, Republican Gov. Phil Bryant signed a law banning abortion once a fetal heartbeat can be detected (as early as six weeks), with exceptions only to save a woman’s life or prevent harm to a “major bodily function.” It was slated to take effect on July 1 but was quickly blocked by a legal challenge from the abortion lobby, as well as 21 state attorneys general.
Last May, U.S. District Judge Carlton Reeves expressed indignation at Mississippi lawmakers for daring to disregard his previous judgment against a milder 15-week abortion ban and pass the heartbeat law anyway.
On Thursday, a three-judge panel of the 5th Circuit Court of Appeals agreed that the heartbeat law was unconstitutional, Fox News reported.
Remarkably, the panel acknowledged that “cardiac activity can be detected well before the fetus is viable,” yet rather than strengthening the case for recognizing the preborn’s humanity, that fact actually “dooms the law,” simply because the 15-week ban was already said to be unconstitutional regardless of fetal heartbeat.
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