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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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Trump 'Is the Architect of This Crisis,' Says Harris of Women Killed by Abortion Bans
"He is proud? Proud that women are dying?" said the vice president. "Proud that doctors and nurses could be thrown in prison for administering care?"
Sep 20, 2024
Speaking at a campaign event in Atlanta, Georgia on Friday, U.S. Vice President Kamala Harris paid tribute to two women from the state whose deaths have been deemed by health experts as "preventable" and the result of the state's six-week abortion ban.
Amber Nicole Thurman and Candi Miller, said the Democratic presidential candidate, are doubtlessly just two of many people who have died because they couldn't access abortion care since the U.S. Supreme Court overturned Roe v. Wade—and she blamed former Republican President Donald Trump for their deaths.
"This is a healthcare crisis and Donald Trump is the architect of this crisis," said Harris. "He brags about overturning Roe v. Wade. In his own words, quote, 'I did it and I'm proud to have done it.'"
"He is proud? Proud that women are dying?" she said. "Proud that doctors and nurses could be thrown in prison for administering care? Proud that today, young women have fewer rights than their mothers and grandmothers? How dare he."
Harris shared the stories, reported on this week by ProPublica, of Thurman and Miller, who both died in 2022 after medication abortions did not entirely expel the fetal tissue from their pregnancies.
Thurman spent 20 hours in a hospital growing increasingly sick from sepsis while doctors dangerously delayed performing a dilation and curettage (D&C), a common procedure used for miscarriage and abortion care, due to Georgia's six-week abortion ban. While the ban includes an "exception" to safe the life of a pregnant person, the law's language only makes clear that doctors can perform a D&C for someone having a miscarriage.
The law stopped Miller from seeking healthcare after suffering the same rare complication as Thurman. The mother of three acquired pills for a medication abortion online but did not expel all the fetal tissue and was "bedridden and moaning" for days before her husband found her unresponsive, next to her three-year-old daughter.
Miller's family said she had not sought care "due to the current legislation on pregnancies and abortions."
At the event on Friday, Harris said that "at least two women—and those are only the stories we know—here in the state of Georgia, died because of a Trump abortion ban."
The vice president noted that Trump said last month he plans to vote against Amendment 4 in his home state of Florida—a ballot measure that would outlaw pre-viability abortion bans in the state.
Harris warned voters not to believe the claims by Trump and his running mate, Sen. JD Vance (R-Ohio), that they don't support making abortion illegal across the nation, a proposal made by Sen. Lindsey Graham (R-S.C.) months after Roe was overturned.
"The stakes are so high," said Harris, "because if he is elected again, I am certain he will sign a national abortion ban."
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Georgia Woman's Death Marks First Confirmed Case of Fatal Post-Roe Abortion Denial
Amber Nicole Thurman's death "is the logical outcome of the Georgia abortion ban working exactly as intended by horrifically punishing women who try to access abortion care," said one advocate.
Sep 17, 2024
Reproductive rights advocates have warned for years that abortion bans and restrictions like those now in place in 22 U.S. states would kill pregnant people, and have been dismissed as "hyperbolic" by right-wing lawmakers and activists.
On Monday, new reporting shed light for the first time on the case of one woman whose "preventable" death was the result of an abortion ban—and as ProPublica reported, "there are almost certainly others."
The outlet reported on the story of Amber Nicole Thurman, a 28-year-old mother of a six-year-old son in Georgia, who realized she was pregnant in July 2022—weeks after the right-wing majority on the U.S. Supreme Court overturned Roe v. Wade and just as the state's six-week abortion ban was going into effect.
Thurman had just passed the six-week mark in her pregnancy as the ban took effect on July 20, with "exceptions" that Republicans claimed would allow doctors to provide care to pregnant people who were facing life-threatening complications.
Unable to get an abortion in her home state, the medical assistant, who was planning to attend nursing school and had recently been able to move out of her family's home into an apartment with her son, scheduled a dilation and curettage (D&C)—a surgical abortion procedure—at a clinic in North Carolina, about four hours away. Scheduling the appointment required taking the day off work, finding childcare, and borrowing a relative's car.
Thurman hit heavy traffic on the way to the clinic and missed her appointment; with abortion bans going into effect across the Southeast, the facility was overwhelmed with out-of-state patients and was unable to schedule another D&C for her.
Instead, she was prescribed the abortion pills misoprostol and mifepristone, and took the first pill before heading back home with plans to take the second in Georgia.
After taking the second pill, however, Thurman experienced a rare complication, with some of the fetal tissue remaining in her uterus.
Before Georgia's abortion ban went into effect, she would have been able to obtain a D&C, with doctors removing the remaining tissue—a fairly routine procedure, and part of the standard care for a miscarriage.
As ProPublica reported, the year after the Supreme Court handed down the Roe v. Wade ruling in 1973, affirming that abortion care was a constitutional right in the U.S., the new availability of D&Cs for abortion and miscarriages slashed the maternal mortality rate for women of color by up to 40%.
But when Thurman arrived at Piedmont Henry Hospital in the Atlanta suburb of Stockbridge—having experienced increasing pain and heavy bleeding before vomiting blood and fainting—she encountered a medical team that delayed providing her the standard care for roughly 20 hours.
ProPublica noted that the "supposed lifesaving exceptions" in Georgia's six-week abortion ban prohibit doctors from using medical instruments "with the purpose of terminating a pregnancy," and specify that procedures such as a D&C can only be used if fetal tissue needs to be removed due to a "spontaneous abortion"—the medical term for a miscarriage.
Thurman had told the doctors that she had had a medication abortion, which Republican state lawmakers hadn't included in the exceptions—suggesting she shouldn't be provided care since she'd chosen to terminate her pregnancy. Violating the law could result in prosecution and a prison sentence of up to a decade for a doctor.
The morning after Thurman arrived at the hospital at around 9:30 pm on August 18, 2022, with an ultrasound showing fetal tissue remaining in Thurman's body, a doctor diagnosed "acute severe sepsis," but it was still hours before the staff provided care to remove the tissue.
According to ProPublica:
By 5:14 a.m., Thurman was breathing rapidly and at risk of bleeding out, according to her vital signs. Even five liters of IV fluid had not moved her blood pressure out of the danger zone. Doctors escalated the antibiotics.
[...]
At 6:45 a.m., Thurman’s blood pressure continued to dip, and she was taken to the intensive care unit.
At 7:14 a.m., doctors discussed initiating a D&C. But it still didn’t happen. Two hours later, lab work indicated her organs were failing, according to experts who read her vital signs.
At 12:05 p.m., more than 17 hours after Thurman had arrived, a doctor who specializes in intensive care notified the OB-GYN that her condition was deteriorating.
Thurman was finally taken to an operating room at 2 p.m.
By then, the situation was so dire that doctors started with open abdominal surgery. They found that her bowel needed to be removed, but it was too risky to operate because not enough blood was flowing to the area—a possible complication from the blood pressure medication, an expert explained to ProPublica. The OB performed the D&C but immediately continued with a hysterectomy.
During surgery, Thurman's heart stopped.
The state's maternal mortality review board, which includes 10 physicians, determined that the hospital's decision to delay providing care for nearly an entire day had a "large" impact on Thurman's "preventable" death.
ProPublica identified one other Georgia woman whose death was caused by delayed abortion care resulting from the state's ban, and plans to report on her story in the coming days.
"This is what abortion bans do," said writer and activist Jessica Valenti.
At The New York Times, columnist Michelle Goldberg wrote that "it was only a matter of time" before Americans would learn that an abortion ban had killed a pregnant person.
"The shattering fallout from abortion prohibition was entirely predictable for anyone who has paid attention to such bans in other countries," Goldberg wrote, citing the 2012 case in Ireland of Savita Halappanavar, who died of septicemia after doctors refused to treat her for a miscarriage because her fetus still had a heartbeat.
"In Ireland, the name Savita became a rallying cry" that led voters to overwhelmingly approve a referendum making abortion legal, wrote Goldberg. "The name Amber should be one here."
On Tuesday, Vice President Kamala Harris, the Democratic presidential candidate, addressed Thurman's story, saying her death is "exactly what we feared when Roe was struck down."
"This young mother should be alive, raising her son, and pursuing her dream of attending nursing school," said Harris. "Women are bleeding out in parking lots, turned away from emergency rooms, losing their ability to ever have children again... And now women are dying. These are the consequences of [Republican candidate] Donald Trump's actions."
A spokesperson for Republican Georgia Gov. Brian Kemp's office dismissed the medical board's finding that Thurman's death could have been prevented if not for the state's abortion ban, telling ProPublica that the law allows doctors to provide care in medical emergencies and calling the outlet's reporting a "fear-mongering campaign."
But Leah Greenberg, co-executive director of progressive advocacy group Indivisible, said Thurman death "was not a tragic mistake."
"It is the logical outcome of the Georgia abortion ban working exactly as intended," said Greenberg, "by horrifically punishing women who try to access abortion care."
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