Challenge to Georgia 20-week abortion ban goes to high court

ATLANTA — Georgia’s highest court is scheduled to hear arguments on whether a lower court judge was right to dismiss a challenge to a state law that bans abortions after 20 weeks.

The Georgia Supreme Court plans to hear arguments in the case Monday. A Fulton County Superior Court judge dismissed the case, saying the challenge was barred by the principle of sovereign immunity.

Here are some things to know about this case: judge issued an order in December 2012, just before the law was to take effect, temporarily putting it on hold. barred by sovereign immunity, which shields the state and state agencies from being sued in their official capacity unless the General Assembly waives that protection.

But Adams noted that she “did not arrive at this conclusion with haste or ease,” and she invited an appeal of her decision “to address any existing inadequacies in our existing law.”

The ACLU said it did not receive notice of Adams’ order and, therefore, missed the deadline to appeal, meaning the law quietly entered into effect in late 2015.

The ACLU in March filed a motion asking Adams to reissue her order to reset the clock on the appeal deadline. Adams did that following a hearing in May, and the ACLU promptly filed an appeal. whether Adams was correct to dismiss the case because of sovereign immunity.

Lawyers for the doctors argue that sovereign immunity doesn’t shield the state from judicial review when a challenge alleges that a law violates individual rights that are protected by the state constitution.

Lawyers for the state argue that there was no waiver of sovereign immunity, so the courts have no authority over the case.