Federal Judge Stops Georgia Anti-Abortion Law
Protestors push back against abortion bans. (Flickr)
A federal judge in the U.S. District Court of Appeals in Atlanta blocked Sept 24 the implementation of a controversial abortion law in Georgia. After being passed by the Georgia Congress and signed into law by Governor Brian Kemp, the law was scheduled to come into effect in January of 2020.
The bill, HB 481, is a large overhaul of the abortion standards in Georgia and recognizes fetuses as “natural persons.” The bill bans abortions after a heartbeat is detected, allows parents to claim fetuses as dependents on tax forms, and provides for their inclusion as members of the population in demographic data.
After the bill was signed into law in May 2019, the American Civil Liberties Union (ALCU) filed a lawsuit on behalf of the activist organisation SisterSong Women of Color Reproductive Justice and other abortion providers in the state. The ACLU argues the law clearly violates the judicial precedent in Roe v Wade¸ which established that states may not ban abortions before the fetus is viable, sometime between 24 and 26 weeks of pregnancy.
In a ruling on September 24, District Court Judge Steve C. Jones blocked the law from taking effect. However, this is only a temporary block, as the official case makes its way through the District Court. Jones, an Obama appointee, ruled that the current abortion laws will stay in effect for the time being.
Pro-Choice groups such as the ACLU have applauded this block as a victory for abortion rights. “This abortion ban has been unconstitutional from start to finish, and today is a victory for the dignity of women throughout Georgia,” said Sean Young, Director of the ACLU of Georgia.
Pro-Life groups remain optimistic despite the block. As the block is temporary, these groups are hoping that the District Court will ultimately rule in their favor. “‘We are confident that, by the end of their legal maneuvers to deny protection to innocent children, the courts will agree with a majority of Georgians who resoundingly agree that babies are people and (HB 481) will stand’” commented Joshua Edmonds, the Executive Director of Georgia Life Alliance.
This is the newest iteration of a common trend in state legislatures. A number of states have passed restrictive anti-abortion bills similar to HB 481 that ban abortion after a fetal heartbeat is detected. Ohio, Mississippi, Kentucky, and Louisiana have similar laws, but none have been actually implemented as civil rights groups have challenged their constitutionality in court.
Despite the decision of the federal judge, it is likely that the ruling will be appealed to the Supreme Court. However, on two prior instances, the Supreme Court has declined to hear similar cases and let the ruling of lower courts stand. Pro-choice groups hope the trend of the Court avoiding such cases will continue, but pro-life advocates are hoping that the shifting ideological majority of the Supreme Court will present an opportunity to challenge the longstanding precedent set in Roe v Wade.