Lathrop v. Deal


SUMMARY

The American Civil Liberties Union of Georgia filed a lawsuit on behalf of three physicians challenging HB 954, a Georgia law that bans abortion after 20 weeks of pregnancy and contains only a narrow exception for medical emergency. Plaintiffs argue that the ban violates a woman’s constitutional right to privacy and equal protection by allowing the district attorney unfettered access to a patient’s abortion medical records and by criminalizing pre-viability abortion care even where continued pregnancy presents current or future threats to a woman’s life or health.

STATUS

In December 2012, the Fulton County Superior Court blocked enforcement of any provision of HB 954. In early 2016, the Superior Court dismissed the lawsuit. Plaintiffs appealed. In June 2017, the Georgia Supreme Court affirmed the dismissal order on sovereign immunity grounds, ruling that Plaintiffs could not sue state officials in their official capacity but could proceed against state officials in their individual capacity.

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**last updated June 19, 2017


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