In Jackson Women’s Health Organization v. Currier, the U.S.D.C. for the Southern District of Mississippi (Reeves, J.) permanently enjoined a Mississippi statute which provided that:
Except in a medical emergency or in the case of a severe fetal abnormality, a person shall not intentionally or knowingly perform, induce, or attempt to perform or induce an abortion of an unborn human being if the probable gestational age of the unborn human being has been determined to be greater than fifteen (15) weeks.
The Court stated that:
At various times throughout this Order, the Court has asked, “why are we here?” The State concedes that plaintiffs’ articulation of the relevant facts is correct, and it cannot provide any controlling law that requires this Court to consider other facts. The only other explanation in its brief is that the State is making a deliberate effort to overturn Roe and established constitutional precedent. With the recent changes in the membership of the Supreme Court, it may be that the State believes divine providence covered the Capitol when it passed this legislation. Time will tell. If overturning Roe is the State’s desired result, the State will have to seek that relief from a higher court. For now, the United States Supreme Court has spoken.
Slip op. 15-16 (footnotes omitted).