A federal judge will hear the arguments Monday for the first time from opponents of Georgia's new anti-abortion law as they ask him to stop the measure from going into effect.
Gov. Brian Kemp in May signed one of the nation's strictest abortion laws, outlawing the procedure in most cases once a doctor can detect fetal cardiac activity. It is scheduled to go into effect Jan. 1.
The American Civil Liberties Union of Georgia has asked U.S. District Judge Steve C. Jones to stop the law from going into effect while the case makes its way through the court system.
The ACLU argued in a June complaint that the law violates a woman's constitutional right of access to abortion until about 24 weeks of pregnancy, as established in the U.S. Supreme Court ruling in Roe v. Wade.
The ACLU has argued that “politicians should not be second-guessing women’s health care decisions.”
In its response, the state said Georgia's new anti-abortion law is "constitutional and justified" and asked Jones to dismiss the lawsuit challenging the measure.
“Defendants deny all allegations in the complaint that killing a living unborn child constitutes ‘medical care’ or ‘health care,’” attorneys wrote.
The state hired Virginia-based attorney to represent Gov. Brian Kemp, Georgia Attorney General Chris Carr, Department of Public Health Commissioner Kathleen Toomey, members of the Georgia Composite Medical Board and its executive director.
ACLU is representing SisterSong Women of Color Reproductive Justice Collective, Feminist Women’s Health Center, Planned Parenthood Southeast and other abortion rights advocates and providers.
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