A federal appeals court immediately allowed a Georgia law banning abortion after about six weeks of pregnancy to take effect on Wednesday, ending a years-long battle for one of the most restrictive laws. of the country.
The law, signed by Gov. Brian Kemp in 2019, bans most abortions after six weeks of pregnancy, which is usually when doctors can start detecting a fetus ’cardiac activity. Exceptions to the law are allowed if a woman faces serious harm or death during pregnancy, or in cases of rape or incest, as long as a police report has been filed. Georgian law previously allowed abortion for up to at least 20 weeks of pregnancy.
In the judgment of a three-judge court of the United States Court of Appeals for the 11th Circuit, Chief Justice William H. Pryor Jr. he wrote that the Supreme Court case that overturned Roe v. Wade “makes it clear that there is no right to abortion under the Constitution, so Georgia can ban them.” He also wrote that the expanded definition of the status of a natural person, which the law says includes “a member of the Homo sapiens species at any stage of development that is carried to the uterus,” was not vague, as the plaintiffs had argued.
Georgia law had been tied to the courts for several years. After a federal judge declared it unconstitutional last summer, the appellate court issued a precautionary order and decided to delay its final decision until the Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization, which arrived on June 24th.
On Wednesday, the appellate court overturned his court order. He later said the law could take effect immediately.
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“Our family is committed to serving Georgia in a way that loves and values each and every human being, and today’s 11th Circuit decision confirms our promise to protect life at all stages.” , said Mr. Kemp, a Republican, in a statement. posted to Twitter after the verdict.
Anthony Michael Kreis, an assistant professor of law at Georgia State University, said that while the sentence was not surprising, its immediacy was “shocking” and its tone seemed “resentful.” He said it was strange not to allow such a significant change a few weeks before it came into force.
He also noted that the opinion referred to health care providers who filed the lawsuit as “abortionists,” rather than in more dispassionate terms as “plaintiffs” or “appellants.”
The three judges of the court were appointed by the Republican presidents. Judge Pryor was appointed by President George W. Bush, and Judge Barbara Lagoa by President Donald J. Trump; Judge Harvey Schlesinger, a visiting judge at the district court of appeals court, was appointed by President George HW Bush.
The expanded definition of the personality of abortion legislation will have surprising effects on other state laws, Dr. Created. The Atlanta Journal-Constitution said Wednesday that fetuses with cardiac activity could now be included as dependent on state taxes and allow women to apply for child support.
“It’s a dramatic and radical exit from the status quo of Georgia law,” Dr. Created.
As abortion restrictions spread across more states, Georgia residents requesting the procedure will face significant obstacles to getting care, said Alice Wang, a reproductive rights center attorney.
“We’ve already seen much of the South darken,” Ms. Wang.
In Alabama, abortion is prohibited without exception for rape or incest. In Tennessee, it is currently banned after six weeks of pregnancy, and a law banning almost all abortions, with no exceptions for rape or incest, is expected to go into effect this summer. Abortion is banned after 15 weeks of pregnancy in Florida and after six weeks in South Carolina.