A look at the constitutionality of Georgia's new abortion law - fox28media.com

STATESBORO, Ga. (WTGS) — The 11th Circuit Court of Appeals has put a pause on a new Georgia State abortion law that would ban abortions as soon as there is a detectable heartbeat of a fetus. Like Georgia, South Carolina has put in place a similar “heartbeat” abortion ban, which is currently in the Federal Appeals Court.

Professor Brett Curry, a Constitutional Law professor at Georgia Southern University breaks down his perspective on the constitutionality of this bill. “The law that was passed in Georgia was effectively a heartbeat law, but it can’t, at this time be enforced," Curry said.

He explained that the state's role is to interpret the standards set by the Supreme Court. The Court's current holdings say that states cannot interfere with a woman’s right to choose before viability. “The guidance from The Supreme Court is before viability or before the fetus could live outside the womb," said Curry.

According to Curry, Georgia’s new “heartbeat legislation” would not hold up in court as the law exists today because cardiac activity can be detected at around six weeks, prior to viability. So, Curry says Georgia’s new legislation is largely symbolic. “It’s a little ironic because I think a lot of these states did so with the expectation that the courts would strike them down under the existing Supreme Court precedent," said Curry.

The precedent, of course, being Roe v. Wade.

However; he said that could all change with one case. “The Supreme Court has agreed to hear this case in Mississippi, that would, if it ruled in a particular way, sort of disturb, recalibrate, significantly upend the status quo as far as what The Supreme Court has said states can and cannot do in terms of abortion restrictions," Curry said

A recent Texas abortion bill has gained national attention, but Curry said this law is still in effect because of a technicality. “Texas tried to cleverly get around that by essentially saying that public officials like the governor, etc. don’t have anything to do with the enforcement with their heartbeat law," Curry said.

Curry said that, while The Supreme Court has decided not to hear the Texas case, the outcome could also be affected by the Mississippi ruling.

The Supreme Court is scheduled to hear the Mississippi case in December, but Curry said he does not expect a decision until June of 2022.

Curry said a key issue in the abortion debate is the question: What is viability? And medical advancements bring the concept of viability into question.

“What viability was in 1973 was not what viability would be in 1992, etc," Curry said. "And so, they abandoned that rigidity and just said viability, basically. And so, that’s really kind of the touchstone.”

According to Curry, the “heartbeat abortion ban” is a clear challenge to the Roe v. Wade and Planned Parenthood v. Casey rulings because it prohibits abortions before a viable fetus has developed. The Supreme Court will hear a case from Mississippi in December and Curry said that ruling could redefine what viability means and overturn Roe v. Wade leaving abortion rights up to the states.

source: https://fox28media.com/news/local/abortion-constitutionality-georgia-law-scotus

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