Attorney Drew Findling issued a similar statement following the decision.
“The Findling Law Firm is committed to fighting to restore a woman’s right to choose which has been destroyed by the Supreme Court in the Dobbs decision,” he said. “We will defend anyone prosecuted under Georgia’s anti-abortion ‘heartbeat law’ free of charge and do everything we can to help right this wrong through advocacy across the country.”
Law enforcement agencies across the state are taking a wait-and-see approach in enforcing the Georgia abortion law until it actually goes into effect. House Bill 481, which was signed into law by Gov. Brian Kemp in 2019, outlaws most abortions when a doctor can detect fetal cardiac activity, which is typically around six weeks of pregnancy.
The law has been stalled by the 11th Circuit Court of Appeals, which was awaiting the Supreme Court decision. On Friday afternoon, Georgia Attorney General Chris Carr said his office had filed a notice in the 11th Circuit requesting a reversal of the District Court’s decision and allow the law to go into effect.
Savannah Police Department spokeswoman Bianca Johnson said since abortion
Would such a law be constitutional? It’s hard to be sure. The doctrine is a confusing mishmash, and the Supreme Court has declined to offer definitive guidance. Although legal scholars have been arguing since the 1990s in favor of a right to travel to seek an abortion, the last time the justices directly addressed the issue of a state’s power to punish crimes beyond its borders was … um … 1941.
In short, we can’t predict how a court would treat an effort by one state to bar its citizens from obtaining abortion in another. But one need not be pro-choice to see the strength of the argument against such a law.
Let’s start with a basic question: Can a state punish its citizens for breaking the state’s laws while beyond its boundaries? It would seem that
- Period tracking apps, tele-health appointments, mail-in pharmacy requests and other data could be used as evidence in criminal cases for those involved in abortions, experts said.
- States that have already passed laws redefining “personhood” to include an unborn child may mean people who seek out abortions or anyone helping them could face charges of feticide or aggravated assault, among other charges.
- o date, more than 80 elected district attorneys and attorneys generals around the country, including in red states, have committed to using their discretion to not charge individuals or those who help them in ending a pregnancy should federal abortion rights be overturned.