A federal appeals court gave a green light on Wednesday to Georgia‘s restrictive 2019 abortion law, calling it the “rational” approach.
The Court of Appeals for the 11th Circuit ruled that the Supreme Court ruling in a Mississippi case that overturned Roe v. Wade should pave the way for the state’s law to go into effect. The court also rejected arguments that a “personhood” provision in the law is unconstitutionally vague, an argument made by abortion advocate challengers to the state law.
“We vacate the injunction, reverse the judgment in favor of the abortionists, and remand with instructions to enter judgment in favor of the state officials,” the court announced on Wednesday, according to court records, in a ruling that overturned a lower court decision.
“Georgia’s prohibition on abortions after detectable human heartbeat is rational,” the ruling continued. “’Respect for and preservation of prenatal life at all stages of development’ is a legitimate interest.”
The lawsuit was filed by several abortion advocacy groups and providers, including Planned Parenthood Southeast Advocates, which decried the ruling as robbing people “of the ability to make decisions for themselves.”
“This announcement is an affront to our personal rights and goes against the will of the vast majority of Georgians who believe in the bodily autonomy of all in our state,” said Amy Kennedy, vice president of external affairs for Planned Parenthood Southeast.
Georgia’s law bans most abortions upon a “detectable human heartbeat,” which can occur as early as six weeks after gestation. The law also includes exceptions for rape or incest only if a proper law enforcement report is filed and if the mother’s life is at risk or in danger that would make a fetus considered nonviable.
A federal judge previously put the law on hold before it could take effect and permanently blocked it. The court said it was unconstitutional under the nearly 50 years of Supreme Court precedent of Roe, though that was overturned in the June 24 ruling in Dobbs v. Jackson Women’s Health Organization.
Following the high court ruling last month, Georgia Attorney General Christopher Carr requested the appeals court overturn the lower court ruling and allow the state’s abortion measure to go into effect.
The decision Wednesday does not take effect until the court’s mandate is issued, which typically comes about 28 days after the court’s decision.
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