Trial over Georgia’s restrictive abortion law to begin

ATLANTA — A trial to determine whether Georgia can continue to ban abortion as early as six weeks into a pregnancy is set to begin in an Atlanta courtroom Monday.

Fulton County Superior Court Judge Robert McBurney has scheduled two days of testimony in a lawsuit that seeks to strike down the law on multiple grounds, including that it violates the Georgia Constitution’s right to privacy and liberty by “forcing pregnancy and childbirth upon countless Georgians.”

The state attorney general’s office responded in a court filing that Georgia’s privacy protections do not extend to abortion because it affects another “human life.”

Georgia’s law bans most abortions once a “detectable human heartbeat” is present. Cardiac activity can be detected by ultrasound in cells within an embryo that will eventually become the heart as early as six weeks into a pregnancy. That means most abortions in Georgia are effectively banned at a point before many women know they are pregnant.

The doctors and advocacy groups that filed the lawsuit before McBurney in July also argue the law was invalid from the start because it violated the U.S. Constitution and U.S. Supreme Court precedent when it was enacted.

Georgia’s law was passed by state lawmakers and signed by Republican Gov. Brian Kemp in 2019 but it had been blocked from taking effect until the Supreme Court overturned Roe v. Wade, which had protected the right to an abortion for nearly 50 years. The 11th U.S. Circuit Court of Appeals allowed Georgia to begin enforcing its abortion law just over three weeks after the high court’s decision in June.

The law includes exceptions for rape and incest, as long as a police report is filed, and allows for later abortions when the mother’s life is at risk or a serious medical condition renders a fetus unviable.

The state has argued that the Roe decision itself was wrong and the Supreme Court ruling wiped it out of existence.

In August, McBurney rejected a request by the plaintiffs to immediately block the abortion law while the lawsuit was pending, though he stressed that decision did not touch on the merits of the case. Earlier this month, he denied a request by state officials to postpone the trial, which he will decide, not a jury.

Source ABC

A tech blog author and superhero who writes about technology and its impact on society, business, and everyday life

Related Posts

Health officials make urgent push for flu and COVID shots as hospitals feel the strain

Health officials are making another urgent push to encourage flu and COVID vaccinations, as multiple respiratory viruses swirl around the country inundating both pediatric and adult hospitals. About 75% of…

Read more

Minnesota town drops Texas-style anti-abortion lawsuit plan

MINNEAPOLIS — A Minnesota town has backed away from a proposal to let people sue abortion providers, including organizations that provide abortion drugs by mail, after the state’s attorney general…

Read more

Memphis hospital: Halt to trans procedures is temporary

NASHVILLE, Tenn. — A Memphis hospital says it has paused, not stopped, its gender-affirming services in response to possible legal action by civil rights advocates who argue the hospital’s move…

Read more

Pfizer asks FDA to clear updated COVID shot for kids under 5

Pfizer is asking U.S. regulators to authorize its updated COVID-19 vaccine for children under age 5 — not as a booster but part of their initial shots. Children ages 6…

Read more

New Zealand launches inquiry into its coronavirus response

WELLINGTON, New Zealand — New Zealand is launching a wide-ranging inquiry into whether it made the right decisions in battling COVID-19 and how it can better prepare for future pandemics….

Read more

China eases controls, gives no sign when ‘zero COVID’ ends

BEIJING — China is easing some of the world’s most stringent anti-virus controls and authorities say new variants are weaker. But they have yet to say when they might end…

Read more

Leave a Reply

Your email address will not be published. Required fields are marked *