Federal judge places injunction on Georgia’s restrictive abortion law

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A Federal judge in Georgia on Tuesday, she issued a preliminary injunction on the state to adopt the controversial abortion law – following the example of other judges in States that have tried restrictive measures on abortion and that the law does not apply, while it is being brought before the court.

The law, H. B. 481, in may, signed by Republican Gov. Brian Kemp, prohibits abortions once a fetal heartbeat is detected. That, critics note, can happen as early as six weeks into a pregnancy, before many women even realize that they are to be expected. (The measure allows for limited exceptions.)

It was planned to be enforceable on Jan. 1.

Lawyers with the American Civil Liberties Union, Planned Parenthood and the Center for Reproductive Rights in June, filed a constitutional challenge on behalf of Georgia’s abortion providers and advocacy.


U.S. District Judge Steve Jones wrote in an order on Tuesday that the current laws on abortion remain in the state for the time.


“The plaintiffs have also shown that without a preliminary injunction they will suffer irreparable damage,” Jones wrote. “By banning pre-viability abortions, H. B. 481 violates the constitutional right to privacy, which in turn results in per se irreparable harm to the plaintiff.”

Jones added: “This injunction shall remain in force until further order of this court. As a result, the state of Georgia, the abortion laws that were in force before the passage of H. B. 481, remain in force.”

The law makes exceptions in the case of rape and incest, as long as the woman files a police report first. It also allows for abortions when the woman’s life is endangered or if a fetus is not determined to be useful, because a serious disease.

It is a embryo or fetus is declared a “natural person”, as soon as the heart activity can be demonstrated, is to say, is that the point where “the full value of a child begins.” The dignity of the fetus is dependent on the minor for tax purposes and will trigger child support obligations.


The so-called heartbeat law is passed a wave of laws recently from the Republican-controlled legislature in an attack on the U.S. Supreme Court’s 1973 Roe v. Wade decision, a landmark decision that legalized abortion nationwide.


None of the prohibitions have effect. Some have already been blocked, and elsewhere, the courts considering requests to keep them, while the legal challenges play.

If Kemp, under the bill signed earlier this year, he admited that he knew it would be constitutionality challenges on its Constitution. “But our job is to do what is right, not what is easy,” Kemp added. “We will not back down. We will always continue to fight, for life.”

The opponent quickly promised to sue over the constitutionality of the bill and argue that, because some women do not know they are pregnant when a heartbeat is detectable, the new law puts a virtual ban on any abortion in the state. It was considered to be the most extreme abortion law in the nation.

“This law is amazingly unconstitutional. Bans like this have always been blocked by the courts. We will make sued Georgia, this law has said the same fate,” Elizabeth Smith, Chief Counsel at the Center for Reproductive Rights, said in a statement.

Fox News’ Bill Mears, Caleb Parke, and the Associated Press contributed to this report.

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