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Georgia Republicans rally to defend 'heartbeat bill' after court blocks abortion ban

By FOX 5 Atlanta Digital Team
Published  October 1, 2024 4:35pm EDT
Abortion Laws
FOX 5 Atlanta

GOP lawmakers defend Georgia 'Heartbeat' abortion ban

Republican lawmakers are defending Georgia's controversial so-called "Heartbeat Bill" after a Fulton County superior court judge declared the abortion ban was unconstitutional.

In brief:

    • Fulton County Superior Court Judge declared Georgia's "heartbeat bill" unconstitutional, citing violation of women's rights to liberty and privacy.
    • The ruling was influenced by the deaths of two women, purportedly affected by the restrictive law, which resulted in delayed medical treatment.
    • Republican officials insist that the law provides exceptions for the life of the mother, rape, incest, and medically futile pregnancies.
    • The judge's decision would permit abortions up to 22 weeks of pregnancy, reinstating the standard prior to the "heartbeat bill."
    • Georgia's Attorney General plans to appeal to the state Supreme Court, potentially reinstating the six-week abortion ban.

ATLANTA - Georgia Republican lawmakers are rallying in defense of the state’s controversial "heartbeat bill" after a judge declared the abortion ban unconstitutional earlier this week. The ruling came after the deaths of two women, Amber Nicole Thurman and Candi Miller, which have intensified the debate over the law. In Thurman’s case, doctors reportedly delayed her treatment for 20 hours due to the state's abortion restrictions, which criminalize most procedures after the detection of fetal cardiac activity, typically around six weeks. 

Fulton County Superior Court Judge Robert McBurney ruled that the law violates women’s rights to liberty and privacy under the Georgia Constitution, reinstating the previous standard that allows abortions until approximately 22 weeks of pregnancy. The judge noted that the law infringed upon "a woman’s right to control her own body" and to make personal health decisions without state interference. 

Republican officials argue that the law includes crucial exceptions. "Our heartbeat legislation has exceptions in the law," said state Rep. Lauren Daniel, R-Locust Grove. "It provides an exception for the life of a mother, for rape and incest, and for medically futile pregnancies. When you hear the rhetoric that those things don’t exist in our law, it is a lie." 

However, abortion rights advocates praised the ruling as a significant victory. They argue that the six-week ban had dangerous consequences for women’s health, pointing to the deaths of Thurman and Miller as tragic examples of the law’s impact. 

Rep. Rich McCormick, R-Georgia’s 6th District, a trained emergency room doctor, defended the law, emphasizing his belief that healthcare for pregnant women has not been compromised. "I’ve never seen a woman denied healthcare, never… because of her pregnancy status," McCormick said. "I’ve never seen a woman’s life jeopardized, without her consent, due to her pregnancy status." 

Despite the GOP’s defense of the law, the ruling is set to reinstate access to abortion up to the point of viability, generally considered around 22 to 24 weeks. The decision also highlights Georgia’s role in the ongoing national debate over abortion, with Democrats hoping to make the issue a key factor in the upcoming presidential election. 

Georgia’s Attorney General Chris Carr has announced plans to appeal the decision to the state Supreme Court, which could halt the ruling and reinstate the six-week ban. Gov. Brian Kemp expressed frustration, stating, "Once again, the will of Georgians and their representatives has been overruled by the personal beliefs of one judge." 

As legal battles continue, Georgia clinics are preparing to resume providing abortions for up to 22 weeks. Experts suggest the ruling could temporarily ease the burden on neighboring states like North Carolina, where many Georgia residents had been traveling for abortion care under the six-week ban. The outcome of the appeal could have wide-reaching implications, both in Georgia and across the Southern states, where abortion bans remain prevalent.