SisterSong v. Kemp

06.28.2019

Primary Content

(Revised 8.19.20) This lawsuit challenges Georgia’s latest legislative effort to ban abortion which was set to take effect on January 1, 2020. House Bill 481 would ban abortion as early as six weeks into pregnancy, before many people even know they are pregnant. 

Georgia is one of several states that have passed laws banning abortion in 2019 Alabama, Kentucky, Mississippi, Louisiana, Ohio, Missouri, Utah and Arkansas have all passed six, eight, or 18-week bans, all of which have either been temporarily blocked by courts or challenged before their effective date.

The organizations bringing forward this lawsuit represent a wide-range of health providers, including SisterSong Women of Color Reproductive Justice Collective, Feminist Women’s Health Center, Planned Parenthood Southeast, Inc., Atlanta Comprehensive Wellness Clinic, Atlanta Women’s Medical Center, FemHealth USA d/b/a carafem, Columbus Women’s Health Organization, P.C., Summit Medical Associates, P.C., Carrie Cwiak, M.D., M.P.H., Lisa Haddad, M.D., M.S., M.P.H., and Eva Lathrop, M.D., M.P.H.

Plaintiffs: SisterSong Women of Color Reproductive Justice Collective, Feminist Women’s Health Center, Planned Parenthood Southeast, Inc., Atlanta Comprehensive Wellness Clinic, Atlanta Women’s Medical Center, FemHealth USA d/b/a carafem, Columbus Women’s Health Organization, P.C., Summit Medical Associates, P.C., Carrie Cwiak, M.D., M.P.H., Lisa Haddad, M.D., M.S., M.P.H., and Eva Lathrop, M.D., M.P.H.


Center Attorneys: Julie Rikelman, Emily Nestler, Kirby Tyrrell

Co-Counsel/Cooperating Attorneys: Susan Lambiase and Carrie Y. Flaxman at Planned Parenthood Federation Of America, Susan Talcott Camp, Rebecca Chan, and Elizabeth Watson at American Civil Liberties Union Foundation, Inc., Sean J. Young at American Civil Liberties Union Federation of Georgia, Inc.

Summary:

We filed our complaint in federal district court on June 28, 2019 and, on October 1, the district court granted our request for a preliminary injunction, blocking the law before it could take effect while the litigation proceeds.  Following discovery and oral argument, on July 13, 2020, the district court granted a permanent injunction and struck down the law.  The State has announced they intend to file an appeal with the U.S. Court of Appeals for the Eleventh Circuit.

State


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