Judge Strikes Down Georgia’s Six-Week Abortion Ban as Unconstitutional

Judge McBurney

A county superior judge declared on Monday that Georgia’s six-week abortion ban is unconstitutional and unenforceable under the state’s constitution.

Fulton County Superior Court Judge Robert McBurney ruled that the law breaches the Georgia Constitution, arguing that it’s protection of liberty includes allowing women to obtain an abortion up to the point the child is viable outside the womb, free from state interference, according to The Associated Press. The law, which had been effective since 2022, limited abortion access by prohibiting the procedure once fetal cardiac activity could be detected, often around six weeks into pregnancy.

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Georgia Supreme Court Upholds Six-Week Abortion Ban

The Georgia Supreme Court ruled Tuesday that the state’s six-week abortion ban should remain in place, refuting a lower court’s argument that the law was unconstitutional, according to court documents.

A group of pro-abortion organizations, including the American Civil Liberties Union of Georgia, filed a lawsuit in July 2022 and a trial court ruled in favor of the plaintiffs, saying that the 2019 law was signed prior to the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Center and was, ultimately, unconstitutional, according to NPR. The state’s Supreme Court, however, dismissed the lower court’s decision and said that the previous ruling “rests on a faulty premise” that the Dobbs decision changed the meaning of the Constitution, itself, according to WABE, a local media outlet.

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North Carolina Governor Signs Amendment to 12 Week Abortion Ban into Law

Democratic Gov. Roy Cooper of North Carolina signed an amendment to the state’s 12-week abortion ban into law late Thursday evening.

The legislation is currently under review by a federal judge after a lawsuit was filed by Planned Parenthood South Atlantic, who argued that the law was vague and potentially violated women’s constitutional rights, according to CNN. Republicans introduced and passed an amendment Tuesday to the bill to clarify some of the language, which Roy signed before the new abortion law takes effect on July 1.

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North Carolina Lawmakers Override Governor’s Veto of 12-Week Abortion Ban

North Carolina lawmakers on Tuesday overrode the veto of Democratic Gov. Roy Cooper to enshrine into law a ban on most abortions in the state after 12 weeks of pregnancy.

Both chambers of the legislature have Republican supermajorities, though the governor had hoped at least one Republican lawmaker would vote to uphold his veto and traveled the state last week to convince a lawmaker to take that stance, the Associated Press reported.

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South Carolina Supreme Court Axes State’s Abortion Ban

South Carolina’s Supreme Court on Thursday struck down the state law restricting abortions at around six weeks, finding that it violated the state constitution.

Republican South Carolina Gov. Henry McMaster signed a bill into law in February 2021 barring abortions after a fetal heartbeat can be detected, which can happen at around six weeks into a pregnancy. The state can limit a woman’s privacy rights with regard to abortion decisions, but only after she’s been given “reasonable” time to pursue an abortion legally, the court found.

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‘Satanic Temple’ Sues Indiana over Abortion Ban

A group called “The Satanic Temple” has sued the State of Indiana to block its near-complete ban on abortions, per a lawsuit filed in federal court on Sept. 21.

The group, naming the state’s Republican Gov. Eric Holcomb and Attorney Gen. Todd Rokita, as respondents, filed a suit in the U.S. District Court for the Southern District of Indiana. It claims to be filing the suit on behalf of a female member of the group that became “involuntarily pregnant” and wishes to terminate the pregnancy.

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Federal Judge Questions Idaho Abortion Ban in Lawsuit Brought by Biden Administration: Updated

UPDATE: Late Wednesday, Judge Lynn Winmill granted the Biden Department of Justice’s request for an injunction on Idaho’s abortion ban as it pertains to medical emergencies.

“The Court hereby restrains and enjoins the State of Idaho, including all of its officers, employees, and agents, from enforcing Idaho Code § 18-622(2)-(3) as applied to medical care required by the Emergency Medical Treatment and Labor Act (EMTALA),” Winmill wrote, adding the state is prohibited “from initiating any criminal prosecution against, attempting to suspend or revoke the professional license of, or seeking to impose any other form of liability on, any medical provider or hospital based on their performance of conduct that (1) is defined as an “abortion” under Idaho Code § 18-604(1), but that is necessary to avoid (i) “placing the health of” a pregnant patient “in serious jeopardy”; (ii) a “serious impairment to bodily functions” of the pregnant patient; or (iii) a “serious dysfunction of any bodily organ or part” of the pregnant patient.”

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South Carolina Supreme Court Temporarily Halts Heartbeat Law

The South Carolina Supreme Court has temporarily blocked continued enforcement of the state’s Heartbeat law, which bans abortions once a fetal heartbeat is detected.

The court’s order Wednesday grants abortion providers an emergency motion that will halt enforcement of the law which has been in effect since June 27, several days after the U.S. Supreme Court overturned Roe v. Wade.

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Court Rules Georgia Heartbeat Law May Take Effect

A three-judge panel of a federal appeals court ruled unanimously Wednesday that Georgia’s 2019 Heartbeat law that bans abortions once a fetal heartbeat is detected may take effect.

The U.S. Court of Appeals for the 11th Circuit ruled the Georgia law (HB 481), known as the Living Infants Fairness and Equality (LIFE) Act may proceed to take effect after a federal judge blocked it in a decision that found the law violated the right to abortion created by the U.S. Supreme Court in Roe v. Wade in 1973.

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Oklahoma Gov. Kevin Stitt Signs Bill Banning Nearly All Abortions

Oklahoma Governor Kevin Stitt (R) signed a bill into law Wednesday that bans nearly all abortions in the state and allows private citizens to sue anyone who “aids or abets” a woman seeking an abortion.

According to HB4327, abortions are prohibited in Oklahoma unless it is “necessary to save the life of a pregnant woman in a medical emergency,” or the pregnancy “is the result of rape, sexual assault, or incest that has been reported to law enforcement.”

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Texas Supreme Court Strikes Major Blow to Abortion Providers’ Lawsuit Against Heartbeat Abortion Ban

Infant with stuffed animal

The Supreme Court of Texas recommended Friday a lawsuit challenging the state’s “heartbeat” abortion ban should be dismissed since it is enforced by “private civil action,” and not state officials.

Justice Jeffrey S. Boyd concluded in the decision regarding the case of Whole Woman’s Health v. Jackson, that state officials, such as medical licensing boards, cannot enforce the law that bans abortions once a fetal heartbeat can be detected

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Judge Temporarily Blocks South Carolina Abortion Ban

A federal judge temporarily blocked South Carolina’s near total abortion ban Friday barely a day after the governor signed it into law.

Republican South Carolina Gov. Henry McMaster signed the South Carolina Fetal Heartbeat and Protection from Abortion Act into law Thursday after it overwhelmingly passed the state’s house Wednesday. U.S. District Judge Mary Geiger Lewis put a 14-day temporary restraining order on the law Friday, the Associated Press reported.

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