Judges allow Georgia abortion ban to take effect
Most abortions now illegal after six weeks of pregnancy
A federal appeals court on Wednesday lifted the injunction against Georgia’s 2019 abortion ban, paving the way for one of the most restrictive anti-abortion laws in the country to go into effect.
The 11th circuit court of appeals stayed a ruling from a lower court that had blocked H.B. 481 from going into effect. The order comes less than a month after the U.S. Supreme Court overturned the landmark Roe v. Wade decision, which said that abortions were a constitutionally protected right.
“We vacate the injunction, reverse the judgment in favor of the abortionists, and remand with instructions to enter judgment in favor of the state officials,” Chief Judge Bill Pryor said in his ruling.
The law bans most abortions after doctors can detect a fetal heartbeat, which is usually around six weeks after conception — before most women are aware that they are pregnant. But the law allows exceptions in cases of rape and incest.
Georgia Republican leaders took a victory lap after the ruling was announced. “Today, our arguments have prevailed, meaning the Eleventh Circuit has allowed Georgia’s LIFE Act to take effect immediately,” Attorney General Chris Carr said Wednesday.
Gov. Brian Kemp told reporters that he was “overjoyed” by the court ruling. “Today’s decision by the 11th circuit affirms our promise to protect life in all stages,” the governor said. “We are overjoyed that the court has paved the way for the implementation of Georgia’s LIFE Act.”
The ruling also has the potential to upend the 2022 election, with Georgians set to decide every statewide office and a U.S. Senate seat this November. Democrats have warned that their Republican counterparts will pay a political price this November.
Democratic gubernatorial nominee Stacey Abrams held a press conference to denounce the law, and she was joined by other Democratic candidates and state legislators.
Her campaign debuted a new television ad on Thursday hammering Kemp’s support of the law, and they also shared a polling memo that found overwhelming opposition to the law from Georgia voters.