JACKSON, Miss. (AP) — Mississippi has filed a notice that it will ask a federal appeals court to overturn a judge’s ruling that temporarily blocked authorities from closing the state’s only abortion clinic.
U.S. District Judge Daniel P. Jordan III ruled in April that the state couldn’t close Jackson Women’s Health Organization while the clinic still has a federal lawsuit pending.
The state filed a notice on Friday that it would ask the U.S. 5th Circuit Court of Appeals in New Orleans to overturn the decision.
The clinic’s lawsuit, filed last summer in U.S. District Court in Jackson, challenges a 2012 state law that requires each OB-GYN who does abortions at the clinic to have admitting privileges at a local hospital.
Supporters of the law, including Republican Gov. Phil Bryant, say it’s designed to protect women’s health, but opponents say it’s designed to close the clinic and cut off access to abortion.
Jordan allowed the law to take effect, but he blocked the state from closing the clinic while the clinic tried to get admitting privileges. Such privileges can be difficult to obtain, because hospitals often won’t give them to out-of-state physicians. The clinic uses out-of-state OB-GYNs, including one from Chicago.
The lawsuit is scheduled for trial March 3.