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A Georgia law banning most abortions was due to go into effect on Wednesday after an appeals court overturned a lower court’s stay on the state’s 2019 “heartbeat” measure, a development sparked by an unusual court order which enabled the law to be enacted immediately.
The U.S. Circuit Court of Appeals for the 11th Circuit said Wednesday the Supreme Court’s recent ruling Dobbs v. Jackson Women’s Health Organization “makes it clear that there is no constitutional right to abortion that Georgia can ban it.” The three-judge panel ruled in favor of lawmakers, which in 2019 banned abortion after a fetal heartbeat was detected, or as early as about six weeks into a pregnancy — sometimes before a woman knows she’s pregnant.
The court ruled that the law could go into effect immediately, and on Wednesday afternoon Georgia Attorney General Chris Carr (R) said he would do so.
In 2020, the U.S. District Court for the Northern District of Georgia paused the abortion law, saying it violated the constitutional protections against abortion established by the Supreme Court’s landmark 1973 ruling in Roe v. Wade was determined. Last month, the Supreme Court struck down that nearly 50-year precedent, opening the door to about half of states to ban or severely restrict abortion.
Stacey Abrams, a Democrat running for governor, said on July 20 that she was “angry” at the law banning abortion after a fetal heartbeat was detected. (Video: The Washington Post)
Stacey Abrams, a Democrat running for governor, told a news conference on Wednesday that she was “angry” about the abortion law, which “makes it dangerous to get pregnant.” If elected, Abrams said she would work to overthrow it.
“The only solution is to repeal this law,” she said.
Gov. Brian Kemp (R) said in a video along with his wife that he was “overjoyed” with the verdict and that the state had expanded resources for pregnant women.
“Today’s decision by the 11th Circuit Court reinforces our promise to protect life at all stages,” Kemp said.
First Lady Marty Kemp said the state is empowering pregnancy and parenting resources.
Alice Wang, attorney for the Center for Reproductive Rights, told the Washington Post that while Georgia has made efforts to help pregnant people, there are many other policies the state could enact and fund programs to address the high levels of maternal and Reduce child tax rates, particularly for racial and ethnic minorities.
“It’s crucial that people make their own decisions about whether and when and how they want to have children,” she said.
The Feminist Women’s Health Center, an abortion provider who was among those suing the law, called the ruling “cruel.”
“We’re calling and disappointing many, many patients with appointments already made, many of whom are black and others of color, some arriving from other banned states who can no longer be seen here because of this cruelty-free decision,” the group said in a statement signed by its CEO, Kwajelyn J. Jackson.
“While we ultimately knew this decision was coming, in this case we had no reason to expect such a disregard for normal business dealings,” Jackson said. “We expected the mandate to come into effect in 28 days, as usual, so we can adjust our protocols to work in accordance with the newly introduced law.”
Normally, the ruling would not go into effect for weeks, the Associated Press reported, but the court issued a second order on Wednesday that allowed the law to go into effect immediately.
Anti-abortion activists praised the decision.
Martha Zoller, executive director of the Georgia Life Alliance, the state’s largest anti-abortion group, told The Post that her organization expects the 2019 law to be ratified after the Supreme Court’s ruling on Dobbs last month.
She described Wednesday’s verdict as a “mic drop” moment.
“Wednesday’s decision is a powerful example of elected leaders listening to their pro-abortion voters and passing legislation they want passed,” Zoller said.
State Rep. Betsy Holland (D) called on Georgians to vote out Republicans who supported the 2019 abortion bill.
“Women have lost their reproductive freedom in GA,” she tweeted.
Gov Kemp boasted that HB481 is the most restrictive abortion law in the US. The vast majority of Republicans in the Leg voted in favour. AG Carr fought to make this law. Women have lost their reproductive freedom in GA.
fucking angry? I also. Bring that energy to the ballot box this November https://t.co/Zes10qccZP
— MP Betsy Holland, HD54 (@BetsyforGeorgia) July 20, 2022
Georgian law allows exceptions for rape and incest when a police report is filed.
The bill narrowly made it through Georgia House, receiving 92 votes, one more than was required for passage. 78 lawmakers, including some Republican lawmakers, opposed the measure.
The State Senate passed the law in a party-line vote.
Emily Wax-Thibodeaux and Reis Thebault contributed to this report.
