NRL News

Trial begins in lawsuit challenging Georgia’s Heartbeat Law

by | Oct 25, 2022

By Dave Andrusko

On Monday, in the first of two scheduled days set aside to hear oral arguments over Georgia’s Heartbeat Law, Fulton County Superior Court Judge Robert McBurney listened as pro-abortionists argued the law violates the Georgia Constitution’s right to privacy and liberty by “forcing pregnancy and childbirth upon countless Georgians.”

By contrast, in a court filing, the state attorney general’s office said  Georgia’s privacy protections do not extend to abortion because it affects another “human life.”

“There is a third party involved,” Georgia Solicitor General Stephen Petrany told McBurney yesterday.

The 2019 law is currently being enforced, thanks to a July ruling from the 11th U.S. Circuit Court of Appeals.

According to the Georgia Life Alliance, once the 11th Circuit’s handed down its favorable ruling,

SisterSong, along with Planned Parenthood and other abortion providers and supportive groups, filed a challenge to the law at the State level claiming that it violates Georgia’s State Constitution. Along with that challenge; they requested that the Court not allow the Heartbeat Bill to remain in effect while the case proceeded. The Judge denied their request for a temporary restraining order.

“The law includes exceptions for rape and incest, as long as a police report is filed, and allows for later abortions when the mother’s life is at risk or a serious medical condition renders a fetus unviable,” the Associated Press’s Maya T. Prabhu reported.

“Carrie Cwiak, a plaintiff in a lawsuit that seeks to strike down the law, said women who have learned they are past the time period when abortion is allowed under state law have wondered out loud what they will do next,” the Associated Press reported.  “The fact that the bill has as the consequence criminal prosecution if you have a different interpretation than the legal interpretation, that’s very distressing to physicians,” she said.

However, “Under questioning by Christopher Bartolomucci, an attorney representing the state, Cwiak acknowledged that she did not know of any doctors who had been prosecuted for performing an abortion for a medical emergency.”

 Bartolomucci “also raised her previous tweets, including one in which she slammed conservative justices on the U.S. Supreme Court using an expletive in the context of their decision to overturn Roe v. Wade.”

After the bench trial ends today, Judge McBurney will then issue a ruling, “though he said Monday that it will not happen until after Nov. 8.”

Categories: Judicial