Daily Freeman (Kingston, NY)

Judge voids ‘heartbeat’ abortion restrictio­n

- By Jeff Amy

A federal judge on Monday permanentl­y blocked Georgia’s 2019 “heartbeat” abortion law, finding that it violates the U.S. Constituti­on.

U.S. District Judge Steve Jones ruled against the state in a lawsuit filed by abortion providers and an advocacy group. Jones had temporaril­y blocked the law in October, and it never went into effect. The new ruling permanentl­y enjoins the state from ever enforcing House Bill 481.

Georgia’s measure sought to ban abortions once a “detectable human heartbeat” was present, with some limited exceptions. Cardiac activity can be detected by ultrasound as early as six weeks into a pregnancy, before many women realize they’re pregnant, according to a legal challenge. The bill narrowly passed the Georgia General Assembly amid intense lobbying for and against.

Those who challenged the lawsuit said the ruling proves their contention that the measure was unconstitu­tional. Lead plaintiff SisterSong, an Atlanta-based group that fights abortion restrictio­ns on behalf of African American and other women of color, called it a “huge win for bodily autonomy.”

“No one should have to live in a world where their bodies and reproducti­ve decision making is controlled by the state,” SisterSong Executive Director Monica Simpson said in a statement.

Republican Gov. Brian Kemp, who has supported the restrictio­n, immediatel­y vowed an appeal.

“We will appeal the court’s decision,” Kemp said in a statement. “Georgia values life and we will keep fighting for the rights of the unborn.”

The prospects of an appeal are uncertain, though, considerin­g the U.S. Supreme Court last month struck down other abortion restrictio­ns from Louisiana.

Women in Georgia can currently seek an abortion during the first 20 weeks of a pregnancy.

Both the state and those challengin­g the law asked Jones to rule without a trial, saying there were no disputed facts. Jones granted the challenger­s’ motions for summary judgment and denied the state’s motions, finding the law violated the 14th Amendment.

“The court rejects the state defendants’ argument that the statutory purpose solely concerns “promoting fetal well-being,’” Jones wrote. “Instead, HB 481’s specific references to Roe v. Wade and ‘establishe­d abortion related precedents’ ... lends support to plaintiffs’ argument that the purpose of H.B. 481 was to ban or de facto ban abortion.”

 ?? JOHN ROARK/ATHENS BANNER-HERALD VIA TE ASSOCIATED PRESS ?? File-Ariana Marsh, center, and Katie Davis, right, participat­e in a pro-life candleligh­t vigil organized by Students for Life at UGA held to protest Roe v. Wade at the University of Georgia Arch, on Tuesday, Jan. 24, 2017, in Athens, Ga.
JOHN ROARK/ATHENS BANNER-HERALD VIA TE ASSOCIATED PRESS File-Ariana Marsh, center, and Katie Davis, right, participat­e in a pro-life candleligh­t vigil organized by Students for Life at UGA held to protest Roe v. Wade at the University of Georgia Arch, on Tuesday, Jan. 24, 2017, in Athens, Ga.

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