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Lawsuit Seeks To Block Georgia Law That Bans Most Abortions

In April, women held signs to protest the Georgia abortion bill at the state Capitol in Atlanta. The bill was signed into law by Gov. Brian Kemp. A federal lawsuit was filed Friday challenging the law, set to take effect Jan. 1, that effectively bans abortions about six weeks into a pregnancy.
In April, women held signs to protest the Georgia abortion bill at the state Capitol in Atlanta. The bill was signed into law by Gov. Brian Kemp. A federal lawsuit was filed Friday challenging the law, set to take effect Jan. 1, that effectively bans abortions about six weeks into a pregnancy.
Credit John Bazemore / Associated Press
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A federal lawsuit filed Friday in Atlanta is the latest effort by abortion providers and advocacy groups to challenge a wave of restrictive abortion laws passed in conservative states.

Lawyers with the American Civil Liberties Union, Planned Parenthood and the Center for Reproductive Rights filed the lawsuit challenging a new Georgia law that effectively bans abortions about six weeks into a pregnancy.

The lawsuit, filed on behalf of Georgia abortion providers and advocacy groups, asks a judge to prevent the law from taking effect and to declare it unconstitutional. If it’s not blocked, the law is set to take effect Jan. 1.

“The U.S. Supreme Court has clearly held that a woman has the freedom to make one of the most intimate decisions that she can make,” ACLU of Georgia legal director Sean Young said.

The law bans abortion once cardiac activity in the womb can be detected, which can occur as early as six weeks into a pregnancy, before many women know they’re pregnant. It is one of a spate of laws passed recently by Republican-controlled legislatures in an attack on the U.S. Supreme Court’s 1973 Roe v. Wade ruling that said a woman has the right to choose whether to have an abortion.

The legislation makes exceptions in the case of rape and incest, if the woman files a police report first. It also allows for abortions when the life of the woman is at risk or when a fetus is determined not to be viable because of a serious medical condition.

Gov. Brian Kemp acknowledged when he signed the abortion bill into law in May that a court challenge was likely. But he said then that he was undeterred. Kemp's office declined to comment Friday, referring requests for comment to Georgia Attorney General Chris Carr’s office. (Sam Whitehead/WABE)
Gov. Brian Kemp acknowledged when he signed the abortion bill into law in May that a court challenge was likely. But he said then that he was undeterred. Kemp’s office declined to comment Friday, referring requests for comment to Georgia Attorney General Chris Carr’s office. (Sam Whitehead/WABE)

It also declares an embryo or fetus a “natural person” once cardiac activity can be detected, saying that is the point where “the full value of a child begins.” That would make a fetus a dependent minor for tax purposes and trigger child support obligations.

Georgia Gov. Brian Kemp acknowledged when he signed the ban into law in May that a court challenge was likely. But he said then that he was undeterred.

“I realize that some may challenge it in the court of law,” Kemp said at the time. “We will not back down. We will always continue to fight for life.”

Women choose to have abortions “for a variety of deeply personal reasons” that include family circumstances, medical concerns and financial situation, the lawsuit says.

If the law takes effect, some women who are able will travel out of state for the procedure, but other women will remain pregnant and give birth against their will or will seek to end their pregnancies outside of a clinical setting putting them at risk for harm, the lawsuit says.

The law could also have a chilling effect on health care providers in the state as its “vague language threatens clinicians with prosecution for any medical care they provide to pregnant patients that could harm an embryo/fetus,” the lawsuit says.

The new definition of a fetus as a “natural person” appears to apply throughout the Georgia code with implications that are “vague and potentially vast,” the lawsuit says.

The lawsuit was filed against Kemp, Georgia Attorney General Chris Carr, Georgia Department of Public Health Commissioner Kathleen Toomey and members of the Georgia Composite Medical Board. It also names the six district attorneys whose jurisdictions include the areas where the abortion providers who brought the suit practice.

Kemp’s office declined to comment Friday, referring requests for comment to Carr’s office.

Louisiana, Kentucky, Mississippi and Ohio have passed similar bills barring abortion once there’s detectable cardiac activity. Missouri’s governor signed a bill approving an eight-week ban on abortion, with exceptions only for medical emergencies.

A new Alabama law bans virtually all abortions, even in cases of rape or incest, and makes performing an abortion at any stage of pregnancy a felony punishable by 10 to 99 years or life in prison for the provider.

None of the bans has taken effect and all are expected to be blocked by the courts while legal challenges move forward.