GA Judge lifts GA 6w abortion ban after 2 women die. Courts ping pong abortion ban cases like hospitals due to pregnant women during a medical emergency.
" Georgia Judge Lifts Six-Week Abortion Ban After Deaths of Two Women Who Couldn’t Access Care"
"... in Georgia on Monday, Fulton County Superior Judge Robert C. I. McBurney struck down key parts of the state’s ban criminalizing nearly all abortions after about six weeks."
“It is not for a legislator, a judge, or a Commander from ‘The Handmaid’s Tale’ to tell these women what to do with their bodies during this period when the fetus cannot survive outside the womb,” McBurney’s ruling states."
" “The Court finds that, until the pregnancy is viable, a woman’s right to make decisions about her body and her health remains private and protected, i.e., remains her business and her business alone. When someone other than the pregnant woman is able to sustain the fetus, then — and only then — should those other voices have a say in the discussion about the decisions the pregnant woman makes concerning her body and what is growing within it.”
" In reversing the six-week ban, McBurney reverted to the state’s previous standard, which allowed abortion up until a fetus was deemed viable, at about the 22nd week of pregnancy."
"The ruling marks the second time McBurney has blocked the state abortion ban."
"In 2022, he issued a ruling that the law was unconstitutional when the state legislature passed it in 2019, frozen in the books until after the U.S. Supreme Court struck down the federal constitutional right to abortion three years later. The state appealed, and its Supreme Court reinstated the ban until it could review McBurney’s ruling."
"About a year later, with the ban still in place, the state Supreme Court rejected the argument, sending the case back to McBurney to consider the lawsuit’s underlying question: Whether the Georgia Constitution protects the right to privacy and, if so, if that right includes abortion. McBurney’s ruling Monday emphatically says it does."
" Women in Georgia can once again legally obtain abortions after six weeks of pregnancy, following a judge’s strongly worded order this week tossing the state’s ban. While Gov. Brian Kemp spoke out against the decision and Georgia’s attorney general quickly appealed it, providers told ProPublica they have immediately resumed offering such care."
" Planned Parenthood’s four clinics in Georgia are fielding an influx of calls from within the state and those around it where most abortions remain banned, said Jaylen Black, vice president of marketing and communications for the organization’s Southeast region. Workers are also calling patients they have previously had to turn away. “We’ve been able to get them rescheduled,” Black said."
" Georgia’s maternal mortality review committee, tasked with studying deaths of pregnant women and new mothers to recommend improvements in care, directly blamed the state’s abortion ban for Miller’s death, according to members who spoke to ProPublica on the condition of anonymity. The committee found that the hospital’s delay in performing the critical procedure on Thurman had a “large” impact on her “preventable” outcome. The hospital and doctors involved in her care have not explained the delay or commented on her case; an attorney hired by Thurman’s family said the hospital was within its legal rights to perform the procedure."
" Forty-one senators introduced a resolutioninspired by ProPublica’s reporting that calls on hospitals in all states to provide emergency abortion care when their patients need it. Sen. Ron Wyden, an Oregan Democrat who chairs the powerful Senate Finance Committee, has a pending request for information from the hospital that treated Thurman to determine whether doctors violated a federal law that requires them to provide emergency care. (The hospital has not responded to ProPublica’s requests seeking comment on those questions about its adherence to the law.)"
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