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Board counsel: solicitor general defending state in challenge over abortion trigger law; case on appeal

6440035 · September 19, 2025
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Summary

Board counsel reported the board and its executive director are being defended by the Mississippi solicitor general in a procedural lawsuit seeking declaration of the state's abortion trigger law; the lower court ruled plaintiffs lack standing and the case is on appeal.

Board counsel reported that the Mississippi State Board of Medical Licensure and its executive director are parties in litigation concerning the state's abortion "trigger" law and that the Mississippi Attorney General's Office is defending the board.

Counsel summarized the procedural posture: a group identified as the American Association of Pro Life Gynecologists and Obstetricians filed suit seeking a declaratory judgment that the state law — which automatically restricted most abortions after the U.S. Supreme Court's Dobbs decision — is constitutional. The board's solicitor general argued the plaintiffs lack standing because they are not defendants against whom the law is being enforced; the chancery court agreed and dismissed on standing grounds. The plaintiffs have appealed, and the solicitor general's office is preparing an appellate brief on behalf of the board.

"It is a matter of public record that there's a lawsuit ... The solicitor general successfully defended this board at the trial court," counsel said, and the board commended the attorney general's office for its representation.

No board action was required; the report was informational. Counsel said the solicitor general would continue appellate representation and a draft brief was under review to be filed the following week.