Georgia state judge enjoins post-20 week abortion ban

[JURIST] A judge for the Superior Court of Fulton County [official website] granted a temporary injunction [PDF] on a law banning doctors from providing abortions for women pregnant beyond 20 weeks. The law in question was Georgia House Bill 954, which would have modified OCGA 16-12-141 [texts] with the changes to become effective January 1, 2013. The enjoined provisions include the prohibition of previability abortion care and the requirement for hospitals or health facilities to provide records to the local district attorney without a warrant. A suit was filed [press release; JURIST report] earlier in December by the American Civil Liberties Union of Georgia (ACLU) [official website] on behalf of three Georgia obstetrician-gynecologists whose patients include women in need of abortions.

Numerous states have changed their abortion laws to restrict the availability of abortion recently, usually leading to legal challenges. Last month, Montana voters passed a referendum [JURIST report] requiring facilities and doctors to inform parents of minors 16 to 48 hours before a planned abortion procedure. Also last month, the US Court of Appeals for the Ninth Circuit [official website] heard oral arguments [JURIST report] on a challenge to Arizona's law which, like Georgia's law, bans abortions after 20 weeks. Planned Parenthood [advocacy website] also sued Texas [JURIST report] in October claiming that its law preventing state funding from going to any clinics affiliated with providing abortions violates another state law.

 

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