High court: State can’t be sued with­out its con­sent

The Washington Times Daily - - NATION -

AT­LANTA | A chal­lenge to a Ge­or­gia law ban­ning most abor­tions af­ter 20

weeks has led the state’s high­est court to reaf­firm that the state can’t be sued with­out its con­sent.

But the court also said Mon­day that state of­fi­cials can be sued as in­di­vid­u­als to pre­vent them from en­forc­ing laws al­leged to vi­o­late the state Con­sti­tu­tion.

The rul­ing came as the Ge­or­gia Supreme Court re­jected the chal­lenge to a 2012 law that bans doc­tors from

per­form­ing abor­tions five months af­ter an egg is fer­til­ized, ex­cept when a fe­tus has a de­fect so se­vere it is un­likely to live.

The law also makes an ex­cep­tion to pro­tect the life or health of the mother, but not for cases of rape or in­cest.

The Amer­i­can Civil Lib­er­ties Union sued to stop en­force­ment of the law on be­half of three ob­ste­tri­cians, say­ing the statute vi­o­lates pri­vacy pro­tec­tions guar­an­teed in the state Con­sti­tu­tion.

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