A federal appeals court has overturned a lower court ruling and allowed Georgia’s restrictive 2019 abortion law that bans most abortions once a 'detectable human heartbeat' is present, to take effect immediately.
The law, which had been barred from taking effect, 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 pregnancies are detected.
The appeals court also rejected arguments that a provision of the law that changes the definition of “natural person” is unconstitutionally vague. The “personhood” provision gives a fetus the same legal rights as people have after birth. The ruling promises to intensify partisan fault lines in Georgia’s high-profile midterm elections for governor and U.S. Senate.
“Since taking office in 2019, our family has committed to serving Georgia in a way that cherishes and values each and every human being, and today’s decision by the 11th Circuit affirms our promise to protect life at all stages,” Kemp said Wednesday. In the Senate contest, Democratic Sen. Raphael Warnock and Republican challenger Herschel Walker have for weeks highlighted their differences on abortion.
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