A federal appeals court on Wednesday overturned a lower court decision, saying Georgia’s 2019 restrictive abortion law must go into effect.
Georgia law prohibits most abortions when there is a “detectable human heartbeat.” Cardiac activity can be detected on ultrasound in the cells of the embryo, which will eventually develop into a heart, as early as six weeks into pregnancy, before many women realize they are pregnant.
Georgia law makes an exception in rape and incest cases as long as there is a police report. It also allows for subsequent abortions when the mother’s life is in danger or a serious medical condition makes the fetus viable.
A three-judge panel of the 11th US Circuit Court of Appeals said the US Supreme Court ruling in the Mississippi case, which it overturned. Roe vs. wade He explains how the law will come into effect, saying “it makes it clear that there is no constitutional right to abortion, so Georgia can ban it.”
The Court of Appeals also rejected arguments that the statute’s “personality” provision is unconstitutionally vague. The statute gives the fetus the right to personality and gives the same legal rights that humans have after birth.
A federal judge halted the law before it could take effect and permanently blocked it in July 2020, saying it was unconstitutional based on Supreme Court precedent it recently overturned. The state appealed to the 11th Circuit, and last fall, a three-judge appeals panel said it would await the Supreme Court’s decision in the Mississippi case before accepting Georgia’s appeal.
The Supreme Court ruled on June 24, and Georgia’s attorney general asked an appeals court to reverse the lower court’s decision and allow the state’s abortion law to take effect.
1973 decision Roe vs. wade declared a fundamental right to abortion before the viability of the fetus. Planned Parenthood vs. Casey It reduced this in 1992 to say that states cannot impose undue burdens on women seeking abortions before viability.
Georgia’s so-called Pushbeat Act is one of a wave of laws passed by Republican-controlled legislatures in recent years to attack those decisions, as anti-abortion activists and lawmakers saw opportunity in a new conservative majority in the courtroom. Supreme.
Source: Hollywood Reporter

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