Georgia Judge Lifts Six-Week Abortion Ban After Deaths of Two Women Who Couldn’t Access Care
Women in Georgia can once again legally obtain abortions after six weeks of pregnancy, following a judge’s strongly worded order this week tossing the state’s ban. Abortion clinics rushed to provide care after a judge rejected the state’s ban, an order that could soon be paused by a higher court. This significant legal development follows the reporting of tragic outcomes linked to restrictive state policies.
Preventable Deaths and the Medical Community Response
The new, if temporary, access is the latest in a wave of developments in the two weeks since ProPublica told the stories of Amber Nicole Thurman and Candi Miller, Georgia women who died after they couldn’t access legal abortions and timely medical care in their state. A committee of maternal health experts, including 10 doctors, deemed their deaths “preventable,” shifting the discussion about such outcomes from hypothetical to a new American reality. “This isn’t something that the state will easily be able to sweep under the rug,” said Monica Simpson, executive director of SisterSong. “It is now a national issue.”
In response to the ruling, Planned Parenthood’s four clinics in Georgia are fielding an influx of calls from within the state and those around it where most abortions remain banned. Workers are also calling patients they have previously had to turn away to get them rescheduled.
Legal Uncertainty and Federal Standards for Emergency Care
While Georgia sees a shift in policy, the Supreme Court’s recent abortion ruling is a narrow one that applies only to Idaho and sends a case back down to the appeals court. Confusion among doctors in states that have strict abortion bans remains widespread. The federal government has a law known as the Emergency Medical Treatment and Active Labor Act – or EMTALA – which says that anyone who comes into the emergency room must be stabilized before they’re discharged or transferred. The Biden administration argued that should apply, even if the treatment is an abortion, and the patient is in a state that bans abortion with very limited exceptions.
Comparison of State Bans Without Health Exceptions
Idaho is one of six states that have abortion bans that do not include exceptions for the health of the mother. The following table identifies these states as documented by health policy research:
| State | Status of Health Exception |
|---|---|
| Idaho | No health exception |
| South Dakota | No health exception |
| Texas | No health exception |
| Oklahoma | No health exception |
| Arkansas | No health exception |
| Mississippi | No health exception |
The Role of Medication Abortion and Global Movements
Beyond state lines, abortion pills have made safe medication abortion possible for millions of people around the world, even in the most restrictive circumstances. These pills are safe, effective, and responsible for a sharp decline in maternal mortality. Sydney Calkin illustrates the profound, transformative promise of these pills, noting that the growing availability of abortion pills in places with restrictive laws means more people have access to self-managed healthcare. The widespread practice of self-managed medication abortion makes it more difficult for countries to enforce oppressive abortion laws and less willing to do so. This movement looks not to laws for protection but to on-the-ground feminist mobilizations across borders.