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Georgia abortion heartbeat law banned by federal court

abortion

A federal court on Monday said a Georgia state law that prohibits abortion anytime after the detection of a fetal heartbeat is unconstitutional.

 

The ruling came in a lawsuit against the 2019 law filed by state abortion providers and abortion advocacy group.

In his decision, U.S. District Judge Steve Jones wrote that “The Supreme Court has repeatedly and unequivocally held that under no circumstances whatsoever may a state prohibit or ban abortions at any point prior to viability.”

Of the Georgia law, “The Court is left with no other choice but to declare it unconstitutional,” Jones wrote.

The ruling is not surprising. Pro life advocates have expected that the Georgia law was passed in part with the intention of challenging the constitutionality of Supreme Court judgments that find or support a constitutional right to abortion, especially 1973’s Roe vs. Wade and 1992’s Planned Parenthood vs. Casey.

Georgia’s governor Brian Kemp said Monday the state would appeal the court’s ruling, which could lead to a Supreme Court hearing of the case.

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