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Notice of dismissal filed in JWHO v. Dobbs case

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Jackson Women’s Health Organization
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A dismissal was filed in Hinds County Chancery Court in the Jackson Women’s Health Organization (JWHO) v. Dobbs case on Tuesday. The dismissal was filed by the plaintiffs in the case, JWHO. The notice states JWHO reached an agreement to sell the building and is no longer in a position to reopen it.

The notice reads:

Plaintiffs, by their undersigned counsel and pursuant to Mississippi Rule of Civil Procedure 41(a)(1)(i), file this notice of voluntary dismissal without prejudice. On July 7, Miss. Code Ann. § 414145 (the “Trigger Ban”) took effect, prohibiting the provision of nearly all abortion care in the state. As a result, JWHO was forced to stop providing abortion care and to close its doors. JWHO has now reached an agreement to sell the building in which the clinic operated. JWHO is no longer in a position to reopen at this time or to move forward with this case.

JWHO filed a lawsuit on June 27, asking the Hinds County Chancery Court to stall the state from enforcing the Trigger Ban, which prohibited almost all abortions within the State of Mississippi. JWHO  was hopeful the court would allow the clinic to continue to operate based on a state Supreme Court ruling in 1998 which stated the Mississippi Constitution provided the right to abortion.

Chancery Judge Debbra Halford denied the request to halt the trigger ban on June 30, despite the 1998 ruling.

A petition was filed shortly after by JWHO, stating the 1998 decision was not overturned and superseded laws passed which banned most cases of abortion.

Jackson attorney Rob McDuff made the argument before Halford that the laws in place were null based on the 1998 state Supreme Court ruling. He argued that only the state Supreme court could reverse that ruling.

McDuff’s argument didn’t sway Halford and the temporary restraining order was refused.

On July 4, the state’s only abortion clinic was forced to shut its doors.

 

 

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