Georgia abortion law challenge now focused on ‘personhood’
U.S. Court News
Lawyers for the state of Georgia urged a federal appeals court to allow the state’s 2019 abortion law to take effect now that the U.S. Supreme Court has ruled there is no constitutional right to an abortion.
Ruling in a case out of Mississippi, the Supreme Court on June 24 overturned the landmark 1973 Roe v. Wade ruling, which had protected the right to an abortion. Because the groups challenging Georgia’s law relied on that precedent, they “now have no case,” lawyers for the state wrote in a brief submitted Friday to the 11th U.S. Circuit Court of Appeals.
Attorneys for groups challenging the law acknowledged that the ruling allows the state’s ban on many abortions to take effect. But they argued in their brief that a provision that grants “personhood” to a fetus should remain blocked.
The Georgia law 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 women realize they’re pregnant.
The Georgia law includes exceptions for rape and incest, as long as a police report is filed. It also provides for later abortions when the mother’s life is at risk or a serious medical condition renders a fetus unviable. The personhood provision gives a fetus the same legal rights as people have after birth.
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New York Adoption, Foster Care Litigation and Family Law
Rosin Steinhagen Mendel is a law firm dedicated to serving our clients in New York City, the surrounding counties in southern New York State, and in New Jersey, in the areas of adoption, foster care litigation, and family law.
We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption. Our goal is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through preparation and attention to detail. For over 35 years, our attorneys have represented adoptive parents, birth parents, foster parents, children, foster care agencies, and adoption agencies. We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption.
Our goal for our lawyers is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through our preparation and attention to detail.