Judge refuses to immediately block Georgia abortion ban

ATLANTA — A state choose refused Monday to immediately cease enforcement of Georgia’s restrictive abortion legislation, which took impact final month and bans most abortions as soon as fetal cardiac exercise is current.

Fulton County Superior Court Judge Robert McBurney dominated he didn’t have the authority to situation a preliminary injunction and block the legislation at this stage of the lawsuit.

He careworn that his resolution didn’t contact on the deserves of the case, which can proceed.

“The question of whether it is constitutional for the State to force a woman to carry to term a six-week-old embryo against her wishes, even in the face of serious medical risk, remains to be answered,” he wrote.

The legislation bans most abortions as soon as a “detectable human heartbeat” is current. Cardiac exercise might be detected by ultrasound in cells inside an embryo that may ultimately change into the center as early as six weeks right into a being pregnant. That means most abortions in Georgia are successfully banned at a degree earlier than many ladies know they’re pregnant.

“We are deeply disappointed that the Court is allowing our state’s extreme six-week abortion ban to remain in effect and is putting thousands of Georgians in danger by denying them essential health care,” Monica Simpson, executive director of SisterSong Women of Color Reproductive Justice Collective, said in a statement. The group is the lead plaintiff in the case.

An email to a spokesperson for the state attorney general’s office, Kara Richardson, was not immediately returned. The state had argued that the judge could not stop enforcement of the law while the challenge to its constitutionality played out.

The lawsuit McBurney is contemplating was filed July 26 and argues the state’s abortion legislation violates the “fundamental rights to liberty and privacy” underneath the Georgia Constitution.

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