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center for reproductive rights
Judge Strikes Down Georgia's Six-Week Abortion Ban in 'Absolutely Epic Ruling'
"Forcing a woman to carry an unwanted, not-yet-viable fetus to term violates her constitutional rights to liberty and privacy," Fulton County Judge Robert McBurney wrote in his decision.
Sep 30, 2024
Reproductive rights defenders cheered Monday's ruling by a Georgia judge striking down the state's six-week abortion ban as a violation of "a woman's right to control what happens to and within her body," a decision that means the medical procedure will be legal up to approximately 22 weeks of pregnancy.
Fulton County Judge Robert McBurney excoriated the LIFE Act, which was signed into law in 2019 by Republican Georgia Gov. Brian Kemp and prohibits abortion care after fetal cardiac activity can be detected. The so-called "fetal heartbeat" law—a medically misleading term—is applicable before many people even know they're pregnant.
Other states including Kentucky, Mississippi, and Ohio passed similar "heartbeat" laws in anticipation of the U.S. Supreme Court's reversal of Roe v. Wade, which occurred in 2022 when the tribunal's right-wing supermajority issued its Dobbs v. Jackson Women's Health Organization decision.
"Women are not some piece of collectively owned community property the disposition of which is decided by majority vote," McBurney wrote in his ruling. "Forcing a woman to carry an unwanted, not-yet-viable fetus to term violates her constitutional rights to liberty and privacy, even taking into consideration whatever bundle of rights the not-yet-viable fetus may have."
"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 any more so than society could—or should—force them to serve as a human tissue bank or to give up a kidney for the benefit of another," the judge said.
"It is generally men who promote and defend laws like the LIFE Act, the effect of which is to require only women—and, given the socio-economic and demographic evidence presented at trial, primarily poor women, which means in Georgia primarily Black and brown women—to engage in compulsory labor, i.e., the carrying of a pregnancy to term at the government's behest," McBurney added.
As Jessica Valenti noted on her Abortion, Every Day Substack, "the ruling comes just weeks after ProPublica's investigation into the deaths of two women killed by Georgia's abortion ban, Amber Nicole Thurman and Candi Miller.
As NBC Newsreported Monday:
The case stemmed from a lawsuit filed by SisterSong Women of Color Reproductive Justice Collective and other plaintiffs in 2019 soon after Kemp signed it into law. As it faced the legal challenge, in 2022, McBurney ruled that year that the law violated the U.S. Constitution in 2022 and struck it down. The Georgia Supreme Court, however, soon took up the case and allowed it to remain in effect. The case was sent back to McBurney, who found the law in violation of the state's constitution.
SisterSong Women of Color Reproductive Justice Collective executive director Monica Simpson said in a statement that Monday's ruling is "a significant step in the right direction towards achieving reproductive justice in Georgia."
"We are encouraged that a Georgia court has ruled for bodily autonomy," Simpson continued. "At the same time, we can't forget that every day the ban has been in place has been a day too long—and we have felt the dire consequences with the devastating and preventable deaths of Amber Nicole Thurman and Candi Miller."
"For years, Black women have sounded the alarm that abortion bans are deadly," she noted. "While true justice would mean Amber and Candi were still with us today, we will continue to demand accountability to ensure that their lives—and the lives of others who we have yet to learn of—were not lost in vain."
"We know that the fight continues as anti-abortion white supremacists will stop at nothing to control our bodies and attack our liberation," Simpson added. "We are ready for them and will never back down until we achieve reproductive justice: the human right to maintain personal bodily autonomy, the human right to have children, or not, and raise them in safe and sustainable communities."
Alice Wang, staff attorney at the Center for Reproductive Rights, said that McBurney "has rightfully struck down Georgia's six-week abortion ban as a flagrant violation of Georgia's longstanding and robust right to privacy, restoring access to abortion at a time when too many have been prevented from accessing this critical health care and from deciding what is best for their bodies, health, and family lives."
"For too long, the ban has caused a public health crisis, as evidenced by the testimony plaintiffs presented at trial and devastating stories recently reported about the preventable deaths of Candi Miller and Amber Nicole Thurman," she continued. "Today's ruling is a step toward ensuring that people can access and clinicians can provide critical healthcare without fear of criminalization or stigma."
"This victory demonstrates that when courts faithfully apply constitutional protections for bodily autonomy, laws that restrict access to abortion and force people to continue pregnancies against their will cannot stand," Wang added.
Since the Dobbs ruling, 13 states have passed abortion bans with limited exceptions and 28 states have prohibited the procedure based on gestational duration, according to the Guttmacher Institute.
However, there has been tremendous nationwide pushback against abortion bans, with voters opting to uphold reproductive rights every time the issue appears on state ballots—including in conservative Kansas, Kentucky, Montana, and Ohio.
As many as 10 states could have abortion rights measures on the ballot in this November's election, which at the top of the ticket pits reproductive freedom champion and Democratic Vice President Kamala Harris against former Republican President Donald Trump, who has boasted about appointing three right-wing Supreme Court justices who voted to overturn Roe and who critics fear would sign a national abortion ban if one were passed by Congress.
Trump also said he would allow states to monitor people's pregnancies and prosecute anyone who violates an abortion ban.
Kemp's office slammed McBurney's ruling.
"Once again, the will of Georgians and their representatives have been overruled by the personal beliefs of one judge," Garrison Douglas, a spokesperson for the governor, said in a statement. "Protecting the lives of the most vulnerable among us is one of our most sacred responsibilities, and Georgia will continue to be a place where we fight for the lives of the unborn."
Republican Georgia Attorney General Chris Carr is expected to appeal to the state Supreme Court to block Monday's ruling.
"We are prepared to continue fighting this case regardless," the Center for Reproductive Rights vowed on social media, "and we will NOT back down from this fight."
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In 'Win for Reproductive Freedom,' North Dakota Judge Strikes Down Abortion Ban
"I look forward to a new future in North Dakota and hope our lawmakers will finally give up on their crusade to force pregnancy on people against their will," said one advocate.
Sep 12, 2024
Two days after Republican presidential candidate Donald Trump claimed that "every Democrat, every Republican, liberal, conservative" wanted the federal right to abortion care to be overturned by the U.S. Supreme Court, a North Dakota judge became the latest on Thursday to strike down a state-level abortion ban, saying it violated residents' constitutional rights.
"The North Dakota Constitution guarantees each individual, including women, the fundamental right to make medical judgments affecting his or her bodily integrity, health, and autonomy, in consultation with a chosen healthcare provider free from government interference," wrote Judge Bruce Romanick, a District Court judge. "This section necessarily and more specifically protects a woman's right to procreative autonomy—including to seek and obtain a previability abortion."
The near-total ban on abortion care will be officially blocked in the coming days, in a move that the Center for Reproductive Rights (CRR) said could ultimately help restore access for people across the Midwest, as abortion care is currently banned in South Dakota and heavily restricted in nearby states including Nebraska and Iowa.
Meetra Mehdizadeh, a staff attorney at CRR, which filed a lawsuit against North Dakota's ban in 2023, said the ruling "is a win for reproductive freedom, and means it is now much safer to be pregnant in North Dakota," but warned that Republican lawmakers who passed the law have already done damage to pregnant people in the state that will take time to reverse.
"The damage that North Dakota's extreme abortion bans have done cannot be repaired overnight," said Mehdizadeh. "There are no abortion clinics left in North Dakota. That means most people seeking an abortion still won't be able to get one, even though it is legal. Clinics are medical facilities that need to acquire doctors, staff, equipment—they can take years to open, like most healthcare centers. The destructive impacts of abortion bans are felt long after they are struck down."
CRR argued in the case that the ban was too vague for medical providers to determine when an exception would be allowed for a pregnant patient whose life or health was at risk.
"This left physicians who provided abortions with the threat of having to defend their decision in court if someone were to question the provider's judgment," said the group. "Violating the ban was considered a class C felony, punishable by a maximum of five years of imprisonment, a fine of $10,000, or both."
Among the plaintiffs represented by CRR was Red River Women's Clinic, which was North Dakota's sole abortion care provider until a prior ban forced it to relocate from Fargo to Moorhead, Minnesota, where abortion has remained legal following the U.S. Supreme Court's overturning of Roe v. Wade.
"Today's decision gives me hope. I feel like the court heard us when we raised our voices against a law that not only ran counter to our state constitution, but was too vague for physicians to interpret and which prevented them from providing the high quality care that our communities are entitled to," said Tammi Kromenaker, director of the clinic. "Abortion is lifesaving healthcare; it should not be a crime. I look forward to a new future in North Dakota and hope our lawmakers will finally give up on their crusade to force pregnancy on people against their will."
Since Roe was overturned in 2022, numerous women have shared stories of being denied abortion care after suffering complications—including some that were life-threatening.
Judges in states including Wyoming, Utah, and Montana have blocked abortion bans in recent years, and voters have rejected anti-abortion ballot measures and approved ones that support the right to abortion in states including Kentucky, Kansas, Ohio, and Michigan.
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'Trump Did This': 100+ Pregnant Women Neglected, Denied ER Care Since 2022
"I ended up losing half of my fertility and if I was made to wait any longer, it's very likely I would have died," said one Texas patient.
Aug 12, 2024
Monday reporting from The Associated Press and newly filed federal complaints highlight how abortion restrictions enacted in U.S. states since the 2022 reversal of Roe v. Wade endanger the health and lives of pregnant people nationwide.
Building on a report published earlier this year ahead of oral arguments in a relevant U.S. Supreme Court case, the AP's Amanda Seitz revealed that "more than 100 pregnant women in medical distress who sought help from emergency rooms were turned away or negligently treated since 2022," according to an analysis of federal hospital investigations.
Legal experts and medical providers argue that "nursing and doctor shortages that have plagued hospitals since the onset of Covid-19, trouble staffing ultrasounds around-the-clock, and new abortion laws are making the emergency room a dangerous place for pregnant women," Seitz reported. Even when laws make exceptions intended for cases of rape, incest, and emergencies, some doctors and facilities decline to provide care out of fear of state restrictions.
As the AP detailed:
A pregnant patient at a Bakersfield, California, emergency room was quickly triaged, but staff failed to realize the urgency of her condition, a uterine rupture. The delay, an investigator concluded, may have contributed to the baby’s death.
Doctors at emergency rooms in California, Nebraska, Arkansas, and South Carolina failed to check for fetal heartbeats or discharged patients who were in active labor, leaving them to deliver at home or in ambulances, according to the documents.
Seitz also shared stories from Florida, Idaho, Texas, and Washington. Two women from Texas—Kelsie Norris-De La Cruz and Kyleigh Thurman—had the Center for Reproductive Rights (CRR) file complaints on their behalf with the U.S. Department of Health and Human Services last week. They both had ectopic pregnancies and lost a fallopian tube.
"Despite the fact that my life was clearly in danger, the hospital told me that they could not help me. I ended up losing half of my fertility and if I was made to wait any longer, it's very likely I would have died," Norris-De La Cruz said Monday in a CRR statement.
"The doctors knew I needed an abortion, but these bans are making it nearly impossible to get basic emergency healthcare," she continued. "So, I'm filing this complaint because women like me deserve justice and accountability from those that hurt us. Texas state officials can't keep ignoring us. We can't let them."
Thurman said that "I never imagined I would find myself in the crosshairs of my home state's extreme abortion bans. For weeks, I was in and out of emergency rooms trying to get the abortion that I needed to save my future fertility and life. This should have been an open-and-shut case. Yet, I was left completely in the dark without any information or options for the care I deserved."
"Pregnancy is not straightforward, and I now have to live with the consequences of these extreme laws every day," she added. "None of this should have happened to me, and I want to make sure this doesn't happen to anyone else."
Beth Brinkmann, CRR's senior director of U.S. litigation, asked: "How many more people will nearly die before we see change? These women are proof that exceptions do not make abortion bans less dangerous, even when they are exceedingly clear."
"Texas law clearly allows for abortions to treat ectopic pregnancies, and federal law requires it," Brinkmann explained. "Yet, Kelsie and Kyleigh were denied absolutely urgent care. As long as these bans are in place, doctors will be terrified to provide abortions of any kind."
"It's impossible to have the best interest of your patient in mind when you're staring down a life sentence," she asserted. "Texas officials have put doctors in an impossible situation. It is clear that these exceptions are a farce, and that these laws are putting countless lives in jeopardy."
The relevant Supreme Court case focuses on Idaho's strict abortion ban and the Emergency Medical Treatment and Labor Act (EMTALA), a federal law requiring emergency departments that accept Medicare to provide patients with "necessary stabilizing treatment," which the Biden administration argues includes abortion care.
Two years after reversing Roe with the Dobbs v. Jackson Women's Health Organization ruling, the high court in June dismissed the Idaho case without ruling on its merits and sent it back to the lower courts. The decision temporarily restored emergency abortions in Idaho but, as CRR said at the time, "still leaves millions of people in states with abortion bans vulnerable."
In response to the "horrifying" AP reporting and CRR complaints, reproductive rights advocates, including some doctors, called out the Supreme Court's right-wing supermajority—led by Chief Justice John Roberts—and politicians who installed them and are trying to outlaw abortion care.
"In addition to these individual incidents is the horrifying recognition that they are not one-off consequences of some short-term disaster. They represent a reality created by the Supreme Court that will take a generation at minimum to undo. This is now our status quo," said Gillian Branstetter, a communications strategist at the ACLU, on her personal social media.
Denver Post opinion editor Megan Schrader declared that "pregnant women are suffering because of the twisted and corrupted jurisprudence of Justices Neil Gorsuch, Samuel Alito, Amy Coney Barrett, Brett Kavanaugh, and Clarence Thomas."
Dr. Michelle Au, an anesthesiologist and Democratic member of the Georgia House of Representatives for the 50th District, stressed that "standards of care haven't changed. EMTALA hasn't changed. What has changed are state laws inhibiting doctors from caring for patients."
Au took aim at former President Donald Trump, the Republican nominee for the November election, declaring that "Trump did this."
American Bridge 21st Century, a super political action committee and research group that supports Democrats, similarly said Monday that "Trump overturned Roe and American women are paying the price."
Although Trump has recently tried to downplay the significance of abortion rights in this cycle and distance himself from some restrictions, recognizing them as politically risky, he has previously backed anti-abortion laws and bragged about appointing half of the justices who overturned Roe. Rights advocates fear what his return to office would mean for reproductive freedom.
Trump and his vice presidential candidate, anti-choice U.S. Sen. JD Vance (R-Ohio), are set to face Democratic Vice President Kamala Harris and her running mate, Minnesota Gov. Tim Walz, on November 5.
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