Georgia abortion law challenge now focused on ‘personhood’

Jul 16, 2022, 9:14 AM | Updated: 9:24 am

ATLANTA (AP) — Lawyers for the state of Georgia urged a federal appeals court to allow the state’s 2019 abortion law to take effect now that the U.S. Supreme Court has ruled there is no constitutional right to an abortion.

Ruling in a case out of Mississippi, the Supreme Court on June 24 overturned the landmark 1973 Roe v. Wade ruling, which had protected the right to an abortion. Because the groups challenging Georgia’s law relied on that precedent, they “now have no case,” lawyers for the state wrote in a brief submitted Friday to the 11th U.S. Circuit Court of Appeals.

Attorneys for groups challenging the law acknowledged that the ruling allows the state’s ban on many abortions to take effect. But they argued in their brief that a provision that grants “personhood” to a fetus should remain blocked.

The Georgia law bans most abortions once a “detectable human heartbeat” is present. Cardiac activity can be detected by ultrasound in cells within an embryo that will eventually become the heart as early as six weeks into a pregnancy, before many women realize they’re pregnant.

The Georgia law includes exceptions for rape and incest, as long as a police report is filed. It also provides for later abortions when the mother’s life is at risk or a serious medical condition renders a fetus unviable.

The personhood provision gives a fetus the same legal rights as people have after birth.

A federal judge in 2020 f ound Georgia’s law unconstitutional based on the precedent that had endured for nearly 50 years. The state appealed that ruling. A three-judge panel of the 11th Circuit in September said it would wait to rule on the Georgia appeal until the Supreme Court ruled in the Mississippi case.

Hours after the Supreme Court ruled in that case, lawyers for the state asked the 11th Circuit to allow Georgia’s law to take effect. The 11th Circuit gave the lawyers on each side three weeks to submit briefs explaining how the Supreme Court ruling affects the Georgia appeal. That deadline was Friday.

Lawyers for the state wrote in their brief that the appeals court should reverse the lower court’s decision and lift the injunction that had kept the law from taking effect.

Lawyers with the American Civil Liberties Union, Planned Parenthood and the Center for Reproductive Rights who had filed the lawsuit challenging the law on behalf of Georgia abortion providers and an advocacy group acknowledged in their brief that the Supreme Court ruling allows the limits on abortions provided for in the 2019 law. But they argued that the personhood provision is unconstitutionally vague and should remain blocked.

Lawyers for the state argue that the personhood provision would support families before a child is born. They note that it would expand child support obligations to include medical and pregnancy-related expenses and would allow parents to claim a fetus as a dependent for state income tax purposes. They reject arguments that it is unconstitutionally vague.

But the lawyers challenging the law argue that the vagueness of the personhood provision creates uncertainty for doctors who might be hesitant to provide critical medical care for pregnant patients out of fear of being prosecuted. And that could lead to delayed diagnostic and treatment services for patients, the brief says.

They cited a ruling by a federal judge in Arizona earlier this month that blocked a personhood law there, saying it appears to be unconstitutionally vague. The judge wrote that if the law were to take effect, it would be “anyone’s guess” what criminal laws abortion providers may be breaking if they perform otherwise-legal abortions.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - Gabby Petito's mother Nichole Schmidt, wipes a tear from her face during a news conference o...

Associated Press

Mother of man who killed Gabby Petito said in letter she would help son ‘dispose of a body’

The mother of the man who killed Gabby Petito told her son in an undated letter that she would “dispose of a body” if needed because she loved him so much, according to copies of the note shared publicly for the first time this week by attorneys for Petito's parents.

2 days ago

A member of the 3rd U.S. Infantry Regiment, also known as The Old Guard, places flags in front of e...

Associated Press

5 things to know about Memorial Day including its controversies

Memorial Day is supposed to be about mourning the nation’s fallen service members, but it’s come to anchor the unofficial start of summer and a long weekend of discounts on anything from mattresses to lawn mowers.

2 days ago

FILE - This artist sketch depicts the trial of Oath Keepers leader Stewart Rhodes, left, as he test...

Associated Press

Officers describe chaos, fear on Jan. 6 as judge weighs prison time for Oath Keepers’ Rhodes

Police officers who defended the U.S. Capitol on Jan. 6, 2021, and public servants who fled the mob's attack told a judge on Wednesday that they are still haunted by what they endured, as the judge prepares to hand down sentences in a landmark Capitol riot case.

3 days ago

Pride month merchandise is displayed at the front of a Target store in Hackensack, N.J., Wednesday,...

Associated Press

Target on the defensive after removing LGBTQ+-themed products

Target once distinguished itself as being boldly supportive of the LGBTQ+ community.

4 days ago

(Photo By Tom Williams/CQ Roll Call via Getty Images)...

Associated Press

Former Arizona television journalist announces bid for Schweikert’s US House seat

A former Phoenix television journalist announced her candidacy Wednesday for the congressional seat currently held by seven-term Republican Rep. David Schweikert.

4 days ago

Tortoise by Henry Davis earned an honorable mention in the "Adventures in Nature” student photo c...

Associated Press

When you adopt a desert tortoise, prepare for a surprisingly social and zippy pet

They’re not fluffy, they don’t play fetch and they certainly don’t roll over. But there is such a thing as a lap tortoise.

5 days ago

Sponsored Articles

...

OCD & Anxiety Treatment Center

5 mental health myths you didn’t know were made up

Helping individuals understand mental health diagnoses like obsessive compulsive spectrum disorder or generalized anxiety disorder isn’t always an easy undertaking. After all, our society tends to spread misconceptions about mental health like wildfire. This is why being mindful about how we talk about mental health is so important. We can either perpetuate misinformation about already […]

...

OCD & Anxiety Treatment Center

How to identify the symptoms of 3 common anxiety disorders

Living with an anxiety disorder can be debilitating and cause significant stress for those who suffer from the condition.

(Desert Institute for Spine Care in Arizona Photo)...

Desert Institute for Spine Care in Arizona

5 common causes for chronic neck pain

Neck pain can debilitate one’s daily routine, yet 80% of people experience it in their lives and 20%-50% deal with it annually.

Georgia abortion law challenge now focused on ‘personhood’