News Law and Policy

State Court Temporarily Blocks Georgia’s 20 Week Abortion Ban

Jessica Mason Pieklo

A state court judge ruled the state of Georgia could not ban abortions pre-viabilty.

Women’s health advocates got some good news before the end of the year as a state judge temporarily suspended a Georgia law that bans pre-viability abortions.

The law bans doctors from performing abortions five months after an egg is fertilized, except when doctors decide a fetus has a defect so severe it cannot live and in very narrow circumstances to protect the life or health of the mother. The law would have criminalized virtually all abortions starting at 20 weeks of pregnancy and is designed to drive providers out of the state.

The American Civil Liberties Union (ACLU) and the ACLU of Georgia challenged the law on behalf of three Georgia obstetrician-gynecologists whose patients include women in need of this essential medical care. “This law places women in harm’s way by depriving them of the right to make their own serious medical decisions,” said Alexa Kolbi-Molinas, staff attorney with the ACLU Reproductive Freedom Project. “Politicians should not place ideology over a woman’s health.”

Fulton County Superior Court Judge Doris Downs suspended the law just as it was set to take effect on January 1st.

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“We’re glad that this dangerous, overreaching law has been put on hold,” said Chad Brock, staff attorney with the ACLU of Georgia. “If our elected officials want to help women, they should be passing laws that increase their access to vital health services— not putting them in jeopardy by denying them critical care.”

The battle over pre-viability bans like this Georgia law and others in Arizona, are designed to strike at the heart of Roe v. Wade. So far courts have been reluctant to move permanently away from pre-viability as the final barrier to re-criminalizing abortion, but as these laws become more nuanced, it might not matter as the procedure will be so heavily regulated it will be practically impossible to access.

News Law and Policy

Wisconsin Can’t Enforce GOP’s Voter ID Law in November

Jessica Mason Pieklo

Republican lawmakers in other states, like Ohio, have turned up almost nothing during lengthy investigations into claims of voter fraud.

A federal judge in Wisconsin on Tuesday ruled that voters unable to comply with the state’s photo ID requirement be allowed to vote in November, striking a blow to conservative efforts to drive down Democratic voter turnout in the state.

Tuesday’s decision, issued by Judge Lynn Adelman, did not strike the law, but instead carved out an exception, ruling that voters who are unable to obtain an ID be permitted to sign an affidavit testifying to that inability and receive a ballot to vote. “Any voter who completes and submits an affidavit shall receive a regular ballot, even if that voter does not show acceptable photo identification,” according to Adelman’s decision. “No person may challenge the sufficiency of the reason given by the voter for failing to obtain ID.”

Conservatives in Wisconsin, including former Republican Party presidential candidate Gov. Scott Walker, proposed the measure, arguing it was necessary to prevent voter fraud.

Republican lawmakers in other states, like Ohio, have turned up almost nothing during lengthy investigations into claims of voter fraud.

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“Although most voters in Wisconsin either possess qualifying ID or can easily obtain one, a safety net is needed for those voters who can’t obtain qualifying ID with reasonable effort,” Adelman wrote. “The … affidavit option is a sensible approach that will both prevent the disenfranchisement of some voters during the pendency of this litigation and preserve Wisconsin’s interests in protecting the integrity of its elections.”

Adelman declined to apply the photo ID exception to the state’s August primary, ruling state officials would not have enough time to prepare for it.

The fight over Wisconsin’s voter ID law goes back to 2011, when attorneys from the American Civil Liberties Union and National Law Center on Homelessness and Poverty sued, arguing the law violated both the U.S. Constitution and Section 2 of the Voting Rights Act.

Adelman initially blocked the law, but the Seventh Circuit Court of Appeals reversed that decision and sent the case back to Adelman for another look. That left the requirement in place for Wisconsin’s presidential primary in April.

Tuesday’s ruling means those who were unable to comply with the photo ID requirement can still cast a ballot in the November 8 presidential election.

News Law and Policy

Court Blocks Two Extreme Alabama Anti-Abortion Provisions

Jessica Mason Pieklo

The temporary order prevents officials in Alabama from enforcing a ban on later abortions and implementing a law that would regulate abortion clinics in a similar fashion as sex offenders.

A federal judge on Wednesday temporarily blocked two Alabama abortion restrictions set to take effect August 1 that would ban abortion clinics near schools and criminalize the most commonly used later abortion procedure.

In May, Alabama Gov. Robert Bentley (R) signed into law a ban on abortion clinics within 2,000 feet of public K-8 schools. He also approved a separate measure banning the most common method of performing a later abortion, known as dilation and evacuation, or D&E, abortions.

The American Civil Liberties Union (ACLU) challenged both provisions on behalf of providers in the state, arguing they were unconstitutional. According to attorneys for the ACLU, the location restriction would close the state’s two busiest abortion clinics, while the method ban would hamper access to later abortions.

The first blocked measure would prohibit the Alabama Department of Public Health from issuing or renewing a health center license to an abortion clinic or reproductive health center close to some public schools. As reported by Rewire, this would effectively regulate abortion clinics in the same manner as registered sex offenders. In Alabama, sex offenders cannot reside within 2,000 feet of a school or child-care facility.

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The second blocked measure would outlaw most surgical abortions. Dilation and evacuation, the most common form of surgical abortion, is used in the majority of abortions after 13 weeks of pregnancy, according to the American College of Obstetricians and Gynecologists. It is extremely safe, with less than one in 1,000 patients experiencing complications.

Dr. Willie Parker, a physician who provides later abortions in Alabama, wrote in a statement to the court that, if allowed to take effect, the law would prevent him from performing abortions after 15 weeks of pregnancy.

According to Dr. Parker’s submission to the court, the only alternative to D&E is to induce labor in a hospital, a much riskier and expensive alternative for the patient.

U.S. District Judge Myron Thompson Wednesday issued a temporary restraining order to block the state from enforcing the provisions until after an October 4 hearing. In the meantime, both sides were ordered to submit written arguments to the court in advance of that October hearing.

Alabama is not the only state to attack later abortion access. Kansas and Oklahoma both passed similar bans, but those laws remain blocked by court order.