After Gov. Tate Reeves issued an executive order that banned all non-urgent and elective surgeries until April 27. Reeves stated that the move was intended to stop the spread of the virus, and protect health workers. The order raises questions about the definition of elective surgery and whether abortions are included. The executive order says that licensed health care providers and facilities “shall postpone any surgeries or procedures that aren’t immediately medically necessary to treat a serious medical condition or to preserve the lives of a patient” and that the order does not apply to procedures that “have the potential of depleting the hospital capacity, medical gear or PPE required to deal with the COVID-19 catastrophe.” Reeves did not answer a reporter’s question about whether the order applies specifically to abortions. Instead, he said that it “shuts down all elective surgery.” A spokesperson for the Center for Reproductive Rights, which represented Jackson clinic in lawsuits regarding anti-abortion laws recently passed, confirmed that the facility is still accepting appointments. The center’s lawyers declined to comment further. The clinic is located in Jackson’s Fondren area. No calls were returned. The Mississippi State Department of Health had already requested that clinics postpone elective surgery and non-urgent appointments in March to “protect patients and healthcare professionals by minimizing potential exposure to COVID-19, preserving valuable protective equipment, and protecting patients and health care providers,” but at the time the agency stated that it was up to the clinicians to determine the necessity of each procedure. The American College of Obstetrics and Gynology issued a statement encouraging states to not lump abortion care with other procedures, while states began conserving hospital beds and personal protective gear for COVID treatment. While most abortions are performed in outpatient settings and may be provided in hospitals or other surgical facilities, there are some instances when care can be delivered in hospital-based or surgical facilities. If hospital systems or ambulatory surgery facilities are able to delay abortions during the COVID-19 pandemic then it should not be considered as a procedure. The statement states that abortion is an integral part of comprehensive health care. It is also a very urgent service, so delays of up to a few weeks or even days in certain cases could increase the risk or make it impossible for some people. A person’s ability to get an abortion can have a profound impact on their life, health, well-being, and overall quality of life. Most abortions in Mississippi are performed in the first trimester. According to the U.S. Centers for Disease Control and Prevention, more than 90% of Mississippi’s abortions were performed within 14 weeks and 66% were performed within 9 weeks. Nearly two-thirds (or more) of all abortions in the U.S. are performed medically. The clinic has been the focus of many efforts by the Republican-led Legislature of Mississippi to restrict abortion in the state. Federal courts have ruled that most of these bills violate Roe v. Wade’s constitutional right to abortion. Reeves has advocated for anti-abortion legislation all his political career and has called for restrictions on abortion access during the coronavirus epidemic. Reeves declared in March that his administration would take all necessary steps to safeguard the lives and health of unborn children as well as the health of others who might be affected by the virus. U.S. District Judge Carlton Reeves intervened after Reeves announced his order. Judge Reeves previously blocked the state’s 6- and 15-week abortion bans. These are still being negotiated through federal courts. He sent a letter asking attorneys for the clinic and the state to clarify whether elective surgery applies to abortions. Judge Reeves Abortion Optional Letter 4 11 20 (Text). Reeves, who is not related to the governor as the judge noted in his correspondence, pointed to an identical order in Alabama which would have prohibited abortions. After the Alabama health officer clarified that it was up to doctors to decide whether a procedure is necessary, a federal judge ruled that no state can block abortions. Mississippi’s top official in health, Thomas Dobbs said Tuesday that he hadn’t received Judge Reeves’ letter. He added that the executive order also applies to all ambulatory surgery centers. These 75 centers, which offer same-day surgery, specialize in biopsies, knee surgeries and cataract procedures. They are regulated by the health department. Dobbs said that the agency will soon issue guidance to these facilities regarding elective procedures. “We will send guidelines to ambulatory surgery centers to make sure they understand the executive order. We will also send them to all regulated ambulatory surgeries centers and expect them to comply. Dobbs stated Tuesday that this should be available soon and that we will be fair with all who fall under the regulatory scheme. The Jackson Women’s Health Organization does not have a license as an ambulatory surgery center. However, it is licensed as an abortion facility. The state was sued by the clinic to repeal several regulations. One of them was the requirement that abortion providers must have a formal relationship to a local hospital in order to admit patients during an emergency. The clinic sued, claiming that the restriction was unconstitutional and medically unnecessary. Medical experts and reproductive rights advocates have called the regulations on admitting privileges harmful and restrictive. They also noted that procedures with higher complications rates like liposuction and colonoscopy are not always subject to the same restrictions as abortion. They also point out that abortion has relatively low complications rates. The law allowing admitting privileges was eventually struck down. This case brought to light restrictions that conflate clinic licensure, which was previously declared unconstitutional. Jackson Women’s Health has not been licensed as an ambulatory surgery clinic, but it must meet the “minimum standards for operations” of such facilities. In ongoing federal court cases, the clinic’s lawyers continue to challenge the state’s licensing mandate. Should Gov. A recent Texas case could foreshadow the outcome of Gov. Reeves’ executive order. The 5th U.S. Circuit Court of Appeals ruled in favor of abortion-rights organizations following a Texas case involving a ban on pandemic abortion. Circuit Court of Appeals ruled Monday that medication aborts, which aren’t considered procedures, can continue. Only women who are unable to have an abortion due to Texas’ 20-week ban on surgical abortions will be allowed to do so. Since the Jackson clinic cannot perform abortions beyond 16 weeks, it may be necessary for the courts to decide whether Mississippi women would be allowed a similar exception. Lynn Fitch from Mississippi Attorney General’s office, who represents state agencies in legal issues, believes the 5th Circuit decision to uphold state’s right to block abortions at the moment. She told Mississippi Today via email that she is ready to defend the state. She stated that the Fifth Circuit Court of Appeals recently ruled abortions shouldn’t be granted a blanket exemption to a Governor directive to prohibit non essential services and preserve (personal protective equipment and other resources required to meet the safety and health needs of the people.” “And I am ready to defend our order equally strenuously before the court.” To support this important work, you can make a recurring gift today to celebrate our Spring Member Drive.