A court in Georgia has rejected an abortion law in what is a win for advocacy groups
A court in Georgia has found a law banning abortion when a foetal heartbeat is detected cannot be enforced.
The ruling is a major victory for abortion rights groups that were challenging the law.
The law prevented most abortions once a “detectable human heartbeat” is present. This type of cardiac activity can be detected as early six weeks into a pregnancy.
Judge Robert McBurney of the Georgia court says it cannot currently be enforced because the law itself was void at the time it was passed by lawmakers.
This was back in 2019 when the Roe v. Wade was still in effect. This Supreme Court judgement provided nationwide protection for abortion rights for nearly 50 years.
“After a long road, we are finally able to celebrate the end of an extreme abortion ban in our state,” said Monica Simpson. Simpson is the executive director of SisterSong Women of Colour Reproductive Justice Collective, the lead plaintiff in the case.
Georgia’s law was passed by state lawmakers and signed by the Republican governor, Brian Kemp, in 2019. But it was blocked from taking effect until the supreme court officially overturned Roe.
The 11th U.S. circuit court of appeals allowed Georgia to begin enforcing the new law around three weeks after the high court’s decision in June.
The judge says the state will have to pass the law again now that Roe been overturned.
A spokesperson for Georgia Governor Brian Kemp says the state has “already filed a notice of appeal”. Adding, Kemp will “continue to fight for the lives of Georgia’s unborn children.”
