Abortion ban: Federal judge permanently blocks controversial ‘heartbeat’ bill in Georgia

The law, which never went into effect, was seen as one of the most restrictive of its kind throughout the US

A federal judge in Georgia has permanently blocked a controversial abortion bill that would have banned abortions in the state when a “detectable human heartbeat” became present, ruling on Monday the law violated constitutional privacy rights.

Judge Steve Jones ruled against the state in a lawsuit filed by abortion providers and an advocacy group. The judge had temporarily blocked the law in October, and it never went into effect.

The new ruling permanently enjoins the state from ever enforcing House Bill 481.

Cardiac activity can be detected by ultrasound as early as six weeks into a pregnancy, before many women realize they’re pregnant, according to a legal challenge.

Both the state and those challenging the law asked Jones to rule without a trial, saying there were no disputed facts. Judge Jones granted the challengers’ motions for summary judgment and denied the state’s motions, finding the law violated the 14th Amendment.

“HB 481 violates the constitutional right to privacy which, in turn, inflicts per se irreparable harm on plaintiffs", the judge wrote in a 67-page order.

US Supreme Court precedent has for nearly five decades held that states cannot ban abortion prior to the viability of a fetus, and since Georgia’s law does just that it is unconstitutional, the law’s opponents argued.

The state argued that the law promoted fetal well-being. It was widely considered as one of a number of attempts to create fresh legal challenged to abortion after two new conservative justices were confirmed to the Supreme Court.

The high court, by a 5-4 ruling on 29 June, struck down another of those challenges involving regulations from Louisiana.

Additional reporting by Associated Press