Jackson Women's Health Organization et al v. Currier et al

Filing 16

Response in Opposition re 12 REPLY to Response to Motion re 5 MOTION for Temporary Restraining Order filed by Jackson Women's Health Organization (McDuff, Robert), 5 MOTION for Temporary Restraining Order by Jackson Women's Health Organization, Willie Parker (Attachments: # 1 Exhibit A - Brewer Declaration, # 2 Exhibit B - Parker Declaration, # 3 Exhibit C - Thompson Declaration, # 4 Exhibit D - Judge Barbour preliminary injunction in Pro-Choice v. Fordice, # 5 Exhibit E - Transcript excerpt of TRO ruling in Hodes v. Moser)(McDuff, Robert) filed by Mary Currier (Bryant, Benjamin)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
JACKSON WOMEN’S HEALTH
ORGANIZATION, on behalf of itself and its
patients, et al.
VS.

PLAINTIFFS

CIVIL ACTION NO. 3:12-cv-00436-DPJ -FKB

MARY CURRIER, M.D., M.P.H., in her
official capacity as State Health Officer of
the Mississippi Department of Health, et al.

DEFENDANTS

RESPONSE TO PLAINTIFFS’ REPLY TO RESPONSE IN OPPOSITION TO
MOTION FOR PRELIMINARY INJUNCTION AND/OR TRO
COMES NOW Defendant Mary Currier, M.D., M.P.H., in her official capacity as State
Health Officer of the Mississippi Department of Health, and respectfully submits this Response
to Plaintiffs’ Reply to Dr. Currier’s Response in Opposition to Plaintiffs’ Motion for a
Preliminary Injunction and/or Temporary Restraining Order.
Plaintiffs’ Reply contends that the Department of Health might prosecute Jackson
Women’s Health Organization, their physicians, or staff on the basis of any non-compliance with
Mississippi’s Admitting Privileges Requirement if that mandate is allowed to become effective
July 1. Dr. Currier responds briefly to clarify that the Department of Health will not and cannot
do so. The Department has no authority to prosecute physicians. Additionally, it has no
intention to request that any other entity press criminal charges against JWHO, its physicians, or
its staff for not complying with the Admitting Privileges Requirement until the administrative
process described in Dr. Currier’s Response is completed.
WHEREFORE, PREMISES CONSIDERED, Defendant Mary Currier respectfully
reaffirms her request that the Plaintiffs’ motion be denied.

RESPECTFULLY SUBMITTED this, the 29th day of June, 2012.
MARY CURRIER, in her official capacity as
State Health Officer of the Mississippi
Department of Health, Defendant
BY:

BY:

JIM HOOD, ATTORNEY GENERAL
STATE OF MISSISSIPPI
/s/ Benjamin Bryant
P. ROGER GOOGE, MSB NO. 4903
BENJAMIN BRYANT, MSB NO. 103623
SPECIAL ASSISTANT ATTORNEYS GENERAL

STATE OF MISSISSIPPI
OFFICE OF THE ATTORNEY GENERAL
Post Office Box 220
Jackson, Mississippi 39205
Telephone No. [phone]
Facsimile No. [phone]
[e-mail]

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CERTIFICATE OF SERVICE
I, Benjamin Bryant, Special Assistant Attorney General for the State of Mississippi, do
hereby certify that on this date I electronically filed the foregoing document with the Clerk of this
Court using the ECF system, which sent notification of this filing to:

Robert B. McDuff
Law Office of Robert McDuff
767 North Congress Street
Jackson, MS 39202
[phone] (phone)
[phone] (fax)
[e-mail]
Michelle Movahed
Center for Reproductive Rights
120 Wall Street, 14th Floor
New York, NY 10005
[phone] (phone)
[phone] (facsimile)
[e-mail]
THIS, the 29th day of June, 2012.

/s/ Benjamin Bryant
Benjamin Bryant

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