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Georgia's abortion ban goes to court as judge shuts down state’s request to delay arguments [1]
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Date: 2022-10-24
In July a federal court of appeals allowed the law to take effect, and in August McBurney denied a request to end the enforcement of the bill, at least while the case is still being argued.
The law restricts abortion after a clinician is able to detect fetal cardiac activity, usually around six weeks, and before most women even know that they’re pregnant. Worse, as Daily Kos’ Joan McCarter reports, that “heartbeat” isn’t even a heartbeat:
It certainly doesn't have a heart or a heartbeat at six weeks. It has cells that are starting to organize. What can be detected at six weeks is not a heart. “At six weeks, the embryo is forming what will eventually develop into mature systems. There’s an immature neurological system, and there’s a very immature cardiovascular system." The rhythmic sound that can be heard is "a group of cells with electrical activity. That's what the heartbeat is at that stage of gestation … We are in no way talking about any kind of cardiovascular system." That's all from Jennifer Kerns, an OB-GYN at the University of California, San Francisco, and director of research in obstetrics and gynecology at Zuckerberg San Francisco General Hospital.
But “pro-life” politicians and talking heads don’t care about the facts. “Our job is to do what is right, not what is easy,” Georgia Gov. Brian Kemp has said. “We are called to be strong and courageous, and we will not back down.”
The law was put on hold until Dobbs was ruled—throwing the law back onto the shoulders of the Georgia Supreme Court. The state’s law went into effect following the decision in June by the U.S. Supreme Court overturning the landmark 1973 ruling in favor of Roe v. Wade.
Abortion rights groups, many of whom sued the state in 2019 over the bill, are now pursuing the suit in Fulton County Superior Court, the AJC reports.
Although Georgia’s constitution offers more rights of personal privacy than the U.S. Constitution, lawyers in favor of the bill will argue that “abortion always harms a third party,” the AJC reports.
“People don’t think of Georgia as progressive, but we have some of the strongest privacy protections,” state senator and Democratic candidate for attorney general Jen Jordan said.
Jordan is referring to a ruling made in 1905 in favor of artist Paolo Pavesich, who filed a suit against New England Mutual Life Insurance for invasion of privacy after the company failed to get his permission for an advertisement using his image. Pavesich won the suit, and the Georgia courts became the first in the nation to have laws on the books protecting personal privacy.
Jordan told the AJC that if she’s elected, she will file a suit using Georgia’s privacy laws to secure legal abortion in the state.
A recent poll by 19th News found that in states that have passed abortion bans, only 13% of people were in favor of the restrictions. And nationwide, only 10% of people think abortions should be illegal in all cases, and in states with total bans, only 52% of people support them.
Abortion rights, climate change, and gun safety are all on the ballot this fall, and there are literally thousands of ways to get involved in turning our voters. Plug into a federal, state, or local campaign from our GOTV feed at Mobilize and help Democrats and progressives win in November.
Here's how we stop the GOP from criminalizing abortion and stealing elections: Donate $5 to to support Democratic candidates for attorney general in five key states.
RELATED STORY: 'I know it can happen': Jen Jordan, the Dem candidate for Georgia AG, says women can flip the state
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