Challenge to 20-week abortion ban rejected by GA high court

Georgia supreme court build exterior

ATLANTA (AP) – Georgia’s highest court has rejected a challenge to a state law banning most abortions after 20 weeks.

In a unanimous opinion published Monday, Georgia Supreme Court Justice Keith Blackwell wrote that the principle of sovereign immunity bars the courts from considering lawsuits against the state.

Sovereign immunity shields the state and state agencies from being sued in their official capacity unless the General Assembly waives that protection.

But Blackwell added, “we recognize the availability of other means by which aggrieved citizens may obtain prospective relief from threatened enforcement of unconstitutional laws.”
The American Civil Liberties Union had challenged the 2012 law on behalf of three obstetricians. The lawsuit argued the exceptions are too narrow and that the law violates the privacy protections provided for in the state constitution.

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