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Attorney General Fitch certifies...

Attorney General Fitch certifies Mississippi trigger law

By: Frank Corder - June 27, 2022

Abortion illegal in Mississippi expect in cases of a formal charge of rape or for the preservation of the mother’s life.

Mississippi Attorney General Lynn Fitch wasted no time in fulfilling her duty in publishing her findings that enact the state’s trigger law to make abortion illegal following Friday’s U.S. Supreme Court ruling.

READ MORE: Mississippi Wins. Roe No More: U.S. Supreme Court sides with state’s pro-life argument.

In accordance with the provisions governing Section 41-41-45 of the Mississippi Code, Attorney General Fitch published the required certification to Mississippi’s Administrative Bulletin for what is known as the State’s trigger law, outlawing abortion in Mississippi except in the case of a formal charge of rape or for the preservation of the mother’s life.

The trigger law was passed in 2007.

“Mississippi’s laws to promote life are solid and thanks to the Court’s clear and strong opinion in Dobbs v. Jackson Women’s Health Organization, they can now go into effect,” said Attorney General Fitch. “As we have said throughout this case, Roe v. Wade presented a false choice between a woman’s future and her child’s life. As we proceed in this post-Roe world, the people of Mississippi and of all the states will be able to fully engage in the work of both empowering women and promoting life. I am grateful that the Court has given us this opportunity.”

Under Mississippi’s trigger law, Attorney General Fitch is required to publish her determination (1) that the United States Supreme Court has overruled the decision of Roe v. Wade and (2) that it is reasonably probable that Mississippi’s trigger law would be upheld by the Court as constitutional.

“The Supreme Court very clearly held in Dobbs that the appropriate standard for courts to use for challenges to state abortion laws is rational-basis review,” continued Attorney General Fitch. “And under that standard, Mississippi’s regulations for the protection of life would be upheld. We argued before the Court in December that it was time to end special rules for abortion cases, and we are pleased that the Court did just that, returning this important issue to the people to decide through the political process.”

In a release from her office Monday morning, Fitch specifically cites that the Court stated the following:

“Under our precedents, rational-basis review is the appropriate standard for … challenges [to state abortion regulations]. … It follows that the States may regulate abortion for legitimate reasons, and when such regulations are challenged under the Constitution, courts cannot ‘substitute their social and economic beliefs for the judgment of legislative bodies.’ … A law regulating abortion, like other health and welfare laws, is entitled to a ‘strong presumption of validity.’ … It must be sustained if there is a rational basis on which the legislature could have thought that it would serve legitimate state interests. … These legitimate interests include respect for and preservation of prenatal life at all stages of development … ; the protection of maternal health and safety; the elimination of particularly gruesome or barbaric medical procedures; the preservation of the integrity of the medical profession; the mitigation of fetal pain; and the prevention of discrimination on the basis of race, sex, or disability.” (Pages 77-78 of the opinion of the Supreme Court)


The Mississippi Secretary of State released the following mid-morning on Monday:

The notice required to set in motion Mississippi’s law to ban abortion is now published in the Mississippi Administrative Bulletin.

Click here to view the Administrative Procedures Notice Filing.

Click here to view the full text.

Mississippi’s “trigger law” prohibits abortions in Mississippi “except in the case where necessary for the preservation of the mother’s life or where the pregnancy was caused by rape” (Section 2, 2007 Miss. Laws Ch. 441. (S.B. 2391)). The same law also states the ban in the trigger law “shall take effect and be in force from and after ten (10) days following the date of publication by the Attorney General of Mississippi in the Mississippi Administrative Bulletin published by the Secretary of State” (Section 6, 2007 Miss. Laws Ch. 441. (S.B. 2391)). The Secretary of State is the official registrar for the rules of all state agencies and the publisher of the Mississippi Administrative Bulletin.

Click here to search the Mississippi Administrative Bulletin.

About the Author(s)
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Frank Corder

Frank Corder is a native of Pascagoula. For nearly two decades, he has reported and offered analysis on government, public policy, business and matters of faith. Frank’s interviews, articles, and columns have been shared throughout Mississippi as well as in national publications such as the Daily Caller. He is a frequent guest on radio and television, providing insight and commentary on the inner workings of the Magnolia State. Frank has served his community in both elected and appointed public office, hosted his own local radio and television programs, and managed private businesses all while being an engaged husband and father. Email Frank: