Judge Permanently Blocks Georgia's 'Heartbeat' Abortion Law

Jul 17, 2020

Georgia Heartbeat Bill

A federal judge permanently blocked Georgia’s 2019 abortion law on Monday night, finding it unconstitutional on the basis of Roe v. Wade. Under the legislation, abortions would be banned after six weeks, which is approximately when a doctor may be able to detect a heartbeat from a fetus. The law did make exceptions for cases involving rape and incest. The law was to go into effect at the beginning of 2020, however a preliminary injunction was issued in October and Monday’s ruling permanently blocks the law from taking effect.
 
In the ruling, U.S. District Court Judge Steve Jones laid out his reasoning for overturning the law, saying it violates the 14th amendment. "As this ban directly conflicts with binding Supreme Court precedent (i.e., the core holdings in Roe, Casey, and their progeny) and thereby infringes upon a woman's constitutional right to obtain an abortion prior to viability, the Court is left with no other choice but to declare it unconstitutional," Jones stated.

Republican governor Brian Kemp, who has supported the restriction, immediately released a statement vowing an appeal. “We will appeal the court’s decision,” Kemp said in a statement. “Georgia values life and we will keep fighting for the rights of the unborn.” The prospects of an appeal are uncertain, though, considering the U.S. Supreme Court last month struck down other abortion restrictions from Louisiana.


News Sources:

Judge Permanently Blocks Georgia's 'Heartbeat' Abortion Law

Federal Judge Strikes Down Georgia Anti-Abortion Bill

Court Opinion
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