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Georgia Judge Strikes Down Abortion Law Limiting Access

Published: 30 September 2024 at 21:26

Politics

A Georgia judge has invalidated the state's abortion law, which prohibited abortions after about six weeks of pregnancy. Judge Robert McBurney ruled that individual liberty includes a woman's right to control her body without state interference. This follows the US Supreme Court's decision in 2022 that removed the national right to abortion, leading to stringent state laws. Georgia's law was blocked until the Supreme Court ruling and could now expand abortion access for residents and those in neighboring states. Governor Brian Kemp criticized the decision for overruling legislative intent.

DEEP DIVE


Georgia House Bill 481 (Wikipedia)


The Georgia House Bill 481 was an American law passed in 2019 that sought to prevent physicians in the U.S. state of Georgia from performing abortions beyond six weeks, except in special situations. The bill was strongly criticized by supporters of pro-choice policies, but it was praised by many supporters of pro-life policies. Notably, many celebrities in Hollywood threatened to boycott the state of Georgia if it were passed. Passed in 2019, it was initially ruled unconstitutional in July 2020. That ruling was reversed, however, in July 2022.

Abortion law in the United States by state (Wikipedia)


The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.From 1973 to 2022, Supreme Court rulings in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) created, and maintained, federal protections for a pregnant woman's right to get an abortion, ensuring that states could not ban abortion prior to the point at which a fetus may be deemed viable. However, Roe and Casey were overturned by Dobbs v. Jackson Women's Health Organization (2022), and states may now impose any regulation on abortion, provided it satisfies rational basis review and does not otherwise conflict with federal law. Prior to the Court's decision in Dobbs, many states enacted trigger laws to ban abortion, should Roe be overturned. Additionally, several states either have enacted or are in the process of enacting stricter abortion laws following Dobbs, and some have resumed enforcement of laws in effect prior to 1973. While such laws are no longer considered to violate the United States Constitution, they continue to face some legal challenges in state courts.

Kamala Harris Criticizes Trump and GOP on Abortion Ahead of Elections


At a rally in Atlanta, Georgia, Vice President Kamala Harris criticized Donald Trump and the Republican Party for hypocrisy regarding abortion, specifically pointing to a ban in Georgia linked to the deaths of two women. Harris emphasized the impact of Trump’s Supreme Court appointments that led to the overturning of national abortion rights and highlighted a recent case of a woman who died due to complications from abortion pills. This speech comes as early voting begins in several states ahead of the upcoming election.

Georgia's Parliament Passes Law Restricting LGBTQ Rights Similar to Russian Legislation


Georgian lawmakers approved a controversial law aiming to restrict LGBTQ rights, echoing similar measures in Russia. The legislation allows authorities to ban Pride events, LGBTQ depictions in media, and enforces a ban on same-sex marriage and gender reassignment surgery. Activists warn this will threaten their existence ahead of an upcoming election, with Georgian Dream party seeking to consolidate conservative support. The ruling party's actions have been linked to a shift in relations towards Russia, raising concerns about Georgia's aspirations to join the EU.

Kamala Harris Links Trump to the Death of Georgia Mother Amber Thurman Due to Abortion Ban


Vice President Kamala Harris attributed the death of Amber Thurman, a Georgia mother who died after complications from an abortion pill, to the consequences of Donald Trump's actions in overturning national abortion rights. Amber's death occurred shortly after Georgia enacted a strict abortion ban, influenced by Trump's appointment of Supreme Court justices who supported the ban. Harris highlighted the dangers women face due to restricted abortion access and urged for the restoration of Roe v. Wade protections, emphasizing the need for legislative action.

Senate to Vote Again on Nationwide Right to In Vitro Fertilization Amid Political Tensions


The U.S. Senate is set to vote on a bill that would create a nationwide right to in vitro fertilization (IVF), marking the second vote this year on the pressing issue of women's health. The legislation, spearheaded by Senator Tammy Duckworth, faces opposition from Republicans who previously blocked it. Democrats aim to use this vote to challenge Republican candidates on health issues, especially following an Alabama Supreme Court decision impacting IVF. Meanwhile, some Republicans have proposed alternative legislation, albeit met with skepticism from Democrats.

VP Harris Criticizes Trump Over Abortion Access and Maternal Mortality


Vice President Kamala Harris addressed the health care crisis stemming from abortion access rollbacks at a campaign event in Atlanta. She accused former President Donald Trump of being the architect of this crisis, particularly after the Supreme Court overturned Roe v. Wade. Harris referenced the preventable deaths of two Georgia women attributed to Georgia's strict abortion laws. She condemned Republicans for neglecting maternal health and criticized their hypocrisy in claiming to advocate for women's and children’s well-being.

Democrats File Suit Against Georgia's New Hand Counting Election Rule


Democrats have filed a lawsuit to block the Georgia State Election Board's new requirement for hand-counting ballots cast on Election Day. They argue that the rule, passed by a 3-2 vote, is unlawful, exceeds the Board's authority, and could lead to chaos on election night. The rule has faced bipartisan criticism, including from Georgia's Republican officials, who question its legality. The Democrats claim it undermines election integrity and may delay result reporting.

Georgia State Election Board Votes on Controversial Certification Rules for Election Results


Georgia's State Election Board voted to require county election officials to conduct a reasonable inquiry before certifying election results, a move seen as potentially creating post-election chaos. Supporters argue it ensures accuracy, while opponents claim it undermines legal precedent by making certification discretionary. The rule, passed 3-2, may face legal challenges. Critics fear it will enable partisan interference in elections, echoing past controversies over certification processes. The new regulations come in the lead-up to the presidential election, raising concerns of intensified disputes in an already contentious political environment.

US Suspends Assistance to Georgia Over Controversial Foreign Influence Law


The U.S. has suspended $95 million in assistance to Georgia after the parliament adopted a foreign agents law similar to one used by Russia to suppress dissent. Secretary of State Antony Blinken announced the suspension, marking it as a response to anti-democratic actions by the Georgian government. Despite the suspension, Blinken affirmed ongoing support for democracy and economic development programs in Georgia, noting the U.S. has provided over $6.2 billion in assistance since Georgia's independence from the Soviet Union.

JD Vance Supports Georgia's Election Security Amidst Trump's Criticism of State Officials


Sen. JD Vance expressed confidence in Georgia's election security, highlighting voter ID requirements as a strength during an interview, contrasting Donald Trump's criticisms of Republican officials Brian Kemp and Brad Raffensperger. Vance affirmed that the Republican National Committee is taking stronger measures for fair elections in November. Trump criticized Kemp and Raffensperger for their past decisions regarding election legitimacy. Both officials pushed back against Trump's assaults, insisting on the integrity of Georgia's elections. Trump's ongoing legal issues related to the 2020 election remain unresolved as a Georgia appeals court has paused the case.

Georgia (U.S. state) (Wikipedia)


Georgia ( JOR-jə), officially the State of Georgia, is a state in the Southeastern region of the United States. It borders Tennessee to the northwest, North Carolina to the north, South Carolina to the northeast, Florida to the south, and Alabama to the west. Of the 50 United States, Georgia is the 24th-largest by area and 8th most populous. According to the U.S. Census Bureau, its 2023 estimated population was 11,029,227. Atlanta, a global city, is both the state's capital and its largest city. The Atlanta metropolitan area, with a population of more than 6 million people in 2021, is the 8th most populous metropolitan area in the United States and contains about 57% of Georgia's entire population. Other major metropolitan areas in the state include Augusta, Savannah, Columbus, and Macon. Georgia has 100 miles (160 km) of coastline along the Atlantic Ocean.The Province of Georgia was created in 1732 and first settled in 1733 with the founding of Savannah. Georgia became a British royal colony in 1752. It was the last and southernmost of the original Thirteen Colonies to be established. Named after King George II of Great Britain, the Georgia Colony covered the area from South Carolina south to Spanish Florida and west to French Louisiana at the Mississippi River. On January 2, 1788, Georgia became the fourth state to ratify the United States Constitution. From 1802 to 1804, western Georgia was split to form the Mississippi Territory, which later was admitted as the U.S. states of Alabama and Mississippi. Georgia declared its secession from the Union on January 19, 1861, and was one of the original seven Confederate States. Following the Civil War, it was the last state to be restored to the Union, on July 15, 1870. In the post-Reconstruction era of the late 19th century, Georgia's economy was transformed as a group of prominent politicians, businessmen, and journalists, led by Henry W. Grady, espoused the "New South" philosophy of sectional reconciliation and industrialization. During the mid-20th century, several people from Georgia, most notably Martin Luther King Jr., were prominent leaders during the civil rights movement. Atlanta was selected as host of the 1996 Summer Olympics, which marked the 100th anniversary of the modern Olympic Games. Since 1945, Georgia has seen substantial population and economic growth as part of the broader Sun Belt phenomenon. From 2007 to 2008, 14 of Georgia's counties ranked among the nation's 100 fastest-growing.Georgia is defined by a diversity of landscapes, flora, and fauna. The state's northernmost regions include the Blue Ridge Mountains, part of the larger Appalachian Mountain system. The Piedmont plateau extends from the foothills of the Blue Ridge south to the Fall Line, an escarpment to the Coastal Plain defining the state's southern region. Georgia's highest point is Brasstown Bald at 4,784 feet (1,458 m) above sea level; the lowest is the Atlantic Ocean. With the exception of some high-altitude areas in the Blue Ridge, the entirety of the state has a humid subtropical climate. Of the states entirely east of the Mississippi River, Georgia is the largest in land area.

Brian Kemp (Wikipedia)


Brian Porter Kemp (born November 2, 1963) is an American politician serving since January 2019 as the 83rd governor of Georgia. A member of the Republican Party, Kemp served as the 27th secretary of state of Georgia from 2010 to 2018, and as a member of the Georgia State Senate from 2003 to 2007.Kemp is a graduate of the University of Georgia. Before entering politics, he owned several agribusinesses, financial services, and real estate companies. In 2002, he was elected to the Georgia State Senate. Kemp ran for commissioner of the Georgia Department of Agriculture in 2006 but lost the Republican primary. In 2010, Governor Sonny Perdue appointed Kemp secretary of state. He was elected to a full term as secretary in 2010 and reelected in 2014. In 2015, Kemp was criticized after a data breach of over six million voters' personal information to 12 organizations. During the 2016 election, he was the only state official to reject help from the Department of Homeland Security to guard against Russian interference.Kemp ran for governor in 2018 and faced Democratic nominee Stacey Abrams. He refused to resign as secretary of state while campaigning for governor, which stirred controversy and accusations of abuse of power from Democrats. Kemp narrowly won the general election and resigned as secretary of state shortly thereafter. Abrams accused Kemp of voter suppression, which he denied. News outlets and political science experts have found no evidence that voter suppression affected the result of the election. In his first term as governor, Kemp opposed face mask mandates and stay-at-home orders during the COVID-19 pandemic, and prohibited localities from implementing stricter public health measures than the state as a whole. After the 2020 presidential election in Georgia, he faced criticism from President Donald Trump for following the state law that required him to certify the results, despite Trump's repeated false claims of fraud in the election. In 2021, Kemp signed into law the Election Integrity Act of 2021, which expanded early in-person voting and increased the state government's control over local election officials.In his 2022 reelection campaign, Kemp was challenged by former U.S. Senator David Perdue in the Republican primary. Although Trump endorsed Perdue, Kemp defeated Perdue in a landslide. In the general election, Kemp defeated Abrams in a rematch by a wider margin than in 2018; she conceded defeat on election night.

Georgia Judge Strikes Down Abortion Law Limiting Access Georgia Judge Strikes Down Abortion Law Limiting Access Georgia Judge Strikes Down Abortion Law Limiting Access Georgia Judge Strikes Down Abortion Law Limiting Access

SOURCES

CBS News

Georgia's six-week abortion ban ruled unconstitutional

CBS News

The Guardian

Georgia judge strikes down state’s abortion ban, allowing care to resume

https://www.theguardian.com/profile/carter-sherman

ABC News

Judge strikes down Georgia ban on abortions, allowing them to resume beyond 6 weeks into pregnancy

ABC News

ABC News

Judge strikes down Georgia ban on abortions, allowing them to resume beyond 6 weeks into pregnancy

ABC News

The Huffington Post

Judge Strikes Down Georgia's 6-Week Abortion Ban

The Huffington Post

NBC

State judge strikes down Georgia abortion ban

NBC

CNN

Judge strikes down Georgia ban on abortions, allowing them to resume beyond 6 weeks into pregnancy | CNN Politics

Wikipedia

Georgia House Bill 481

Wikipedia

Wikipedia

Abortion law in the United States by state

Wikipedia

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Georgia's Parliament Passes Law Restricting LGBTQ Rights Similar to Russian Legislation

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Wikipedia

Georgia (U.S. state)

Wikipedia

Wikipedia

Brian Kemp

Wikipedia