A newly conservative Supreme Court prompted the House and Senate to pass legislation banning abortions as soon a fetal beat can be detected. This set the stage for another legal battle between Mississippi and abortion rights advocates. House Bill 732 (or heartbeat bills) have been introduced by Republican legislators for almost a decade. However, Senate Bill 2116 and House Bill 732 are the first to be passed out of a legislative panel. Both would ban abortions if a doctor can detect a baby’s heartbeat. This usually happens between six and eight weeks of gestation. Both bills allow for exceptions in the event that the mother’s life is in danger. However, they do not make any exceptions for pregnancy that is the result of incest or rape. The legislation was passed by the Senate and House Public Health Committees along party lines. While other states have passed legislation regarding fetal heartbeat, none of them have been subject to constitutional scrutiny. A federal judge also declared unconstitutional Mississippi’s 15-week less restrictive ban passed during the 2018 legislative session. However, Sen. Joey Fillingane (R-Sumrall) and Rep. Sam Mims (R-McComb), who presented the Senate bills, stated that Trump’s recent appointment to the U.S. Supreme Court was likely to change the definition of what constitutes “constitutional.” Fillingane said after the vote, “Yes, absolutely it made a difference.” “The 2017 appointment of Justice Gorsuch didn’t change anything politically, because you were replacing one conservative justice with another conservative one. When Justice Kennedy announced his retirement plans, and Justice Kavanaugh was finally seated, I think people on both the left–and right–started to wonder, “Oh my goodness!” From a political and ideological perspective, what does the new court look? “” Defending the bills, Democratic legislators accused their Republican counterparts of using the new legislation to make political points and claimed that passing a law that the courts would likely declare unconstitutional would be a waste of state money. According to Mississippi Today, the state had spent $225,000 on legal defense of anti-abortion laws since 2012. The amount could eventually exceed $1 million. “Does it make sense to spend taxpayer money just to try and pass legislation solely for political purposes?” asked Chris Bell (D-Jackson) during the House Public Health Committee meeting. Minutes after the Senate bill was passed, the Lt. Governor. Tate Reeves (who is running for governor) issued a statement supporting the bill that was sponsored by Sen. Angela Hill, R-Picayune and Chris Caughman R-Mendenhall. Reeves’ Democratic challenger will likely be Attorney General Jim Hood. His office appealed last year’s federal ban of 15 weeks to the U.S. Supreme Court. Reeves stated in a press release that he thanked Senators Hill, Caughman and for their legislation. Reeves said, “I am committed making Mississippi the most safest state in America for unborn children,” echoing a common sentiment of Mississippi Republicans including Gov. Phil Bryant. Bryant signed a bill to ban abortion at 15 weeks gestation during the last legislative session. Bryant also announced that Mississippi would be “the safest place for unborn children in America.” No other state had banned abortion prior to 16 weeks gestation when Bryant signed it in March. The Mississippi law was only in effect for a short time. U.S. District Judge Carlton Reeves temporarily stopped the law’s implementation the next morning. Reeves declared the law invalid in November. He called it a “facially constitutional ban on abortions before viability.” Mississippi appealed Reeves’s decision to U.S. Fifth Circuit Court of Appeals. The debates about Tuesday’s more restrictive ban were dominated by the 15-week ban. Fillingane, the sponsor of the 15-week bill last year, stated that although he opposes abortion at any stage after conception, a bill that allows abortion up to 15 weeks gestation would be more likely to pass constitutional scrutiny. Recent scientific advances have made it possible that a fetus at this stage could survive outside of the womb. A previous Supreme Court decision had ruled that abortion is legal up to the point of viability. However, no fetus born before 20 weeks gestation has survived. Fillingane said Tuesday that the viability argument which drove last year’s ban on the governor’s desk for 15 weeks was different than the one that fuels this year’s Senate-House heartbeat bills. Fillingane stated that there are two arguments. Fillingane said, “It’s two different arguments.” Fillingane informed Sen. John Horhn (D-Jackson) that Reeves’ decision to strike down the 15-week ban was the result of “one federal judge appointed under President Obama… and there have been changes on Supreme Court.” “So why wouldn’t we wait for the courts to decide on the 15 week ban?” Horhn asked Fillingane if he thinks the Constitutionality will change as the composition of the court has changed. Fillingane replied that he believes we should do what is best for Mississippi’s unborn children. “I would not call this frivolous if you have to deal with the human life. Eighty-two per cent of the children aborted in America are African-Americans. 17% of those children are aborted by whites. You might also want to consult your hymnal. Red, yellow, black, and white are all precious to Him. Fillingane, an African American, said that this is why we are passing the bill today. Horhn replied, “So if all of us are precious in his sight then why are we bringing up this demographic?” To low murmurs among committee members. Fillingane replied that he would like to see the argument and think about whether he supports a bill that will have disproportionate effects on African Americans in Mississippi. “Rep. Kathy Sykes (D-Jackson), was the only female legislator to make an argument. She reminded lawmakers that abortions were legal before Roe V. Wade. Sykes stated that “we are about to reverse the clock on women’s health if safe legal abortions are outlawed.” To support this important work, you can make a regular donation to the Spring Member Drive today.