Georgia appeals ruling that blocked restrictive abortion law

Georgia appeals ruling that blocked restrictive abortion law

SeattlePI.com

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ATLANTA (AP) — Georgia is appealing a federal judge's ruling that permanently blocked the restrictive abortion measure lawmakers passed last year.

U.S. District Judge Steve Jones ruled last month that the law cannot take effect because it violates the U.S. Constitution. Lawyers for the state on Tuesday appealed that ruling to the 11th U.S. Circuit Court of Appeals.

The law sought to ban abortions once a “detectable human heartbeat” is present, with some limited exceptions. Cardiac activity can be detected by ultrasound as early as six weeks into a pregnancy, before many women realize they are expecting, according to a legal challenge.

Jones was ruling on a lawsuit filed by attorneys with the American Civil Liberties Union, Planned Parenthood and the Center for Reproductive Rights on behalf of Georgia abortion providers and an advocacy group.

“The district court blocked Georgia’s abortion ban, because it violates over 50 years of Supreme Court precedent and fails to trust women to make their own personal decisions," ACLU of Georgia legal director Sean Young said in an emailed statement Tuesday. “This case has always been about one thing: letting her decide. Abortion care remains legal throughout the State of Georgia.”

The law defines a “detectable human heartbeat” as “embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the heart within the gestational sac.” Referring to a document from the American College of Obstetricians and Gynecologists, the lawsuit says “cells that eventually form the basis for development of the heart later in pregnancy” produce “cardiac activity” that can be detected by ultrasound as early as six weeks into a pregnancy.

The law makes exceptions in the case of rape and incest, as long as the woman files a police report first....

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