‘Clearly unconstitutional’: Georgia judge overturns heartbeat law that barred abortion after 6 weeks

On Tuesday, a Georgia judge overturned the state’s bill banning abortion after detecting a baby’s heartbeat. abc news reported.

Fulton County Superior Court Judge Robert McBurney said the bill passed before the Supreme Court decided to overturn it Roe v. calfthe legislation was “clearly unconstitutional”.

That Living Infants Fairness and Equality Actalso referred to as the Heartbeat Bill, prevented abortions after detecting a baby’s heartbeat, which typically occurs around the sixth week of pregnancy.

The law required medical professionals to check the heartbeat before proceeding with an abortion. The LIFE Act provided exceptions for rape and incest, but required doctors to report to the Department of Health why an abortion was performed after the heartbeat was detectable.

The bill also clarified the state’s definition of a “natural person” to include unborn children with a “detectable human heartbeat” at any stage of development.

The law was signed into law by Georgia Gov. Brian Kemp (R) in 2019.

A few months later roe was overturned, a federal appeals court ruled that the LIFE Act could go into effect.

The American Civil Liberties Union, ACLU of Georgia, Center for Reproductive Rights, Planned Parenthood Federation of America and SisterSong Women of Color Reproductive Justice Collective filed a lawsuit challenging the legislation.

Judge McBurney ruled in favor of the abortion groups and overturned the law as it had been previously signed into law Roe v. calf was overturned.

“At that time — the spring of 2019 — anywhere in America, including Georgia, it was clearly unconstitutional for governments — federal, state, or local — to ban abortion before it was feasible,” McBurney wrote.

“Under Dobbsmay someday become law of Georgia, but only after our legislature has determined, in the keen light of the public attention which will no doubt and properly participate in so important and momentous a debate, whether the rights of unborn children such a limitation on the right of the Woman’s bodily right justifies autonomy and privacy,” added McBurney.

Kara Richardson, a spokeswoman for Georgia Attorney General Chris Carr, said Associated Press that the Office intends to pursue an “immediate appeal”.

https://www.theblaze.com/news/unequivocally-unconstitutional-georgia-judge-overturns-heartbeat-bill-that-prevented-abortion-after-6-weeks ‘Clearly unconstitutional’: Georgia judge overturns heartbeat law that barred abortion after 6 weeks

Laura Coffey

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