Georgia's abortion law to remain in effect as lawsuit challenging it proceeds

August 15th, 2022

Executive Director of Feminist Women's Health Center Kwajelyn Jackson stands in an operation room a day after a federal court allowed Georgia's abortion ban to go into effect immediately, Thursday, July 21, 2022, in Brookhaven, Ga. (AP Photo/Sharon Johnson)

Georgia’s recently enacted abortion law H.B. 481 can remain in effect as a lawsuit challenging it moves forward. This was the order Monday from a Fulton County Superior Court judge a week after opening arguments in the case.

In its lawsuit on behalf of abortion-rights groups and providers, attorneys with the ACLU argue the abortion law violates privacy protections under the state constitution.

H.B. 481 bans abortions with some exceptions after around six weeks of pregnancy.

The ACLU asked Fulton County Superior Court Judge Robert McBurney last week for a temporary restraining order to block the law while the case proceeds.

In his order Monday, McBurney denied that request.

The ACLU filed its lawsuit in state court after the 11th Circuit Court of Appeals allowed the 2019 abortion law to take effect following the United States Supreme Court ruling overturning Roe v. Wade abortion guarantees.

The next hearing date in the state case has not yet be set.