Before deciding whether to uphold a restrictive Georgia abortion law blocked by a lower court, a federal appeals court is waiting to see how the Supreme Court rules in a separate Mississippi abortion case.
The appeals court will delay its ruling on Georgia’s restrictive abortion law until after the US Supreme Court decides on an appeal seeking to overturn landmark ruling protecting women’s rights to abortion.
Mississippi has filed court filings asking the U.S Supreme Court to reverse its Roe v. Wade decision defending abortion rights. Those arguments are set to take place this December. According to Mississippi’s law, abortions must be performed before 15 weeks into a pregnancy.
Only three days after hearing arguments to overturn a ruling permanently blocking the 2019 Georgia law, the 11th U.S. Circuit Court of Appeals has stayed the appeal. In Georgia, abortion is therefore still legal until 20 weeks into pregnancy as long as the law remains blocked.
In July 2020, a federal judge ruled that the law was unconstitutional on behalf of Planned Parenthood, the ACLU, and an advocacy group.
The 11th Circuit’s decision to stay the appeal was not entirely unexpected. As the chief judge of the three-judge panel that heard arguments in Georgia’s case, William Pryor made it clear that he thought such a choice would be prudent. Circuit Judge Barbara Lagoa and District Judge Harvey Schlesinger agreed.
Most abortions would have been prohibited once a “detectable human heartbeat” is present under the Georgia law. Early in pregnancy, before most women realize they’re pregnant, ultrasound can detect heart activity within the cells of a developing embryo that will eventually become the heart.
A police report must be filed for rape and incest in order for the law to apply. A later abortion can be performed if the woman’s life is endangered or if a severe medical condition causes the fetus to become infertile. In addition to granting person rights to a fetus, the law would have also equipped him with legal rights that people have after birth.
As a result of Roe v. Wade in 1973, fetuses were declared legally viable prior to an abortion is legally permitted. According to Planned Parenthood v. Casey, states cannot place an undue burden on women seeking abortions before viability.
According to pro-life activists and politicians, Georgia’s conservative supreme court majority was an opportunity for anti-abortion activists and lawmakers to attack abortion rulings.
