Community Corner
Federal Judge Strikes Down Georgia’s Anti-Abortion Law, State Vows Appeal
A federal judge has thrown out Georgia's controversial anti-abortion law that has never taken effect, and an appeal is imminent.
By Jill Nolin
July 13, 2020
Find out what's happening in Across Georgiafor free with the latest updates from Patch.
A federal judge has thrown out Georgia’s controversial anti-abortion law that has never taken effect, and an appeal is imminent.
U.S. Judge Steve C. Jones of Georgia’s Northern District Court issued his opinion Monday prohibiting state officials from enforcing a law that would have banned most abortions after six weeks, which is before many women know they are pregnant.
Find out what's happening in Across Georgiafor free with the latest updates from Patch.
“As a result, the State of Georgia’s abortion laws that were in effect prior to the passage of H.B. 481 remain in effect,” Jones wrote in a 67-page opinion.
Georgia’s law was part of a wave of anti-abortion state laws aimed at overturning the landmark Roe v. Wade. The nation’s highest court recently struck down Louisiana’s abortion restrictions.
The challenge to Georgia’s “heartbeat” bill came from SisterSong Women of Color Reproductive Justice Collective and others who are represented by the American Civil Liberties Union of Georgia.
“The district court blocked Georgia’s abortion ban, because it violates over 50 years of Supreme Court precedent and fails to trust women to make their own personal decisions. This case has always been about one thing: letting her decide,” Sean J. Young, legal director of the ACLU of Georgia, said in a statement Monday.
“It is now up to the State to decide whether to appeal this decision and prolong this lawsuit,” Young added.
Republican Gov. Brian Kemp, who is listed as the lead defendant, immediately vowed to appeal the decision.
“We will appeal the Court’s decision,” Kemp said. “Georgia values life, and we will keep fighting for the rights of the unborn.”
Jones’ opinion was not unexpected. The judge said the groups suing the state were “likely to succeed” in having the law thrown out when he temporarily blocked the law from taking effect last October. As passed in last year’s legislative session, the new abortion restriction were set to effect in January but never did. Georgia’s current law bans abortion after 20 weeks.
This story was originally published by the Georgia Recorder. For more stories from the Georgia Recorder, visit GeorgiaRecorder.com.
