State agencies and law enforcement agencies in Georgia are struggling to implement Georgia’s House Bill 481 on abortion, which bans almost all abortions after about six weeks of pregnancy. It also grants fetuses so-called personality rights.
The law went into effect a few weeks ago, shortly after the US Supreme Court upheld the Roe v. Wade had picked up.
In this conversation, WABE Health Reporter Jess Mador and WABE Political Reporter Rahul Bali bring us the latest on the law.
Raul Bali: Let’s start with the providers. I want to hear Jess what you’re hearing locally.
Jess Mador: There is a great deal of uncertainty about how this law will be enforced, what the abortion law will mean for the ability of OB-GYNs to treat patients who may experience pregnancy complications, as for example treating a miscarriage is the same as the procedures used for a miscarriage Abortion treatment applied are elective abortion. As a result, there are many fears that Georgia’s abortion law could expose doctors to prosecution if miscarriage treatment is criminalized. dr Tiffany Hailstorks is a midwife in Atlanta. She says the fear of criminal prosecution could also deter patients who have miscarried from even seeking emergency care.
dr Tiffany Hailstorks: “Medical abortion treatment and miscarriage management are exactly the same. And so people feel concerned or maybe stigmatized or think they are actually having an abortion when in fact they are having a miscarriage. And so I think it will be harmful.”
Jess Mador: There are many questions about how this law will be implemented.
Raul Bali: That’s where your local district attorney comes in, because if there’s an indictment, the district attorney has to decide if I’ll take it to court. There are 50 district attorneys in Georgia. You will have 50 different opinions. One of the first opinions we heard came from DeKalb County District Attorney Sherry Boston.
DA Sherry Boston: “What I want the citizens of DeKalb to know is that if they’re struggling to make these very difficult personal life decisions, they don’t have to fear this prosecution.”
Jess Mador: Boston is a Democrat. You’ve also spoken to a few other prosecutors across the state, right?
Raul Bali: Yes, Republican prosecutors. I had a conversation with Jeff Langley. He is the District Attorney in North Georgia, covering four districts up there. And that’s what he had to say when I asked him, what’s going on up here?
DA Jeff Langley: “As with any criminal matter, we would look at the facts available, the evidence available and the strength of our case. We need to look at all of these factors and then decide whether the law should apply and prosecution should take place on a case-by-case basis. But in general, it is my job and my duty to enforce the laws that the state legislature passes, the governor signs and the courts approve. Anything else would flout democracy and wreak havoc in the criminal justice system.”
Raul Bali: Talking to other members of the prosecutor’s office, they are still dealing with so many cases. Some of them are struggling with COVID-19 residue. Do you think this will end up being just a battle of medical experts and is this a use of those resources? But now there is a state challenge to Georgia’s new abortion law.
Jess Mador: Right. A coalition of attorneys represented by the ACLU filed a new lawsuit in state court. And so this case is just getting started. We had a first hearing in Fulton County earlier this month. The ACLU asked the judge to block enforcement of the law, but Judge Robert McBurney denied their request and allowed the abortion law to remain in effect. We now have government agencies struggling to enforce the abortion law. Rahul, what have you learned so far about how the law is implemented?
Raul Bali: So government agencies have been trying to figure out how to implement HB 481 very quickly. And for example, the Treasury puts together this $3,000 tax exemption for someone who’s pregnant – which is legal as an individual – what do you do with HOV tracks? You know, because you’re going from one person to two people, and how are you going to do that? You know, there are agencies that are really trying to figure out how to implement this and are trying to do it a lot faster than they usually do.
