11th Circuit: Supreme Court Makes Clear No Right to Abortion Exists Under the Constitution

The Georgia legislature in 2019 passed HB 481, which barred doctors from killing an unborn baby after detecting a heartbeat, effectively banning abortion as early as six weeks. A court later ruled the law unconstitutional.

In the wake of the U.S. Supreme Court overturning Roe v. Wade, a 49-year-old law that legalized abortion before viability, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit unanimously ruled that the law can be enforced.

The court contended (PDF) this week that “intervening Supreme Court precedent, Dobbs v. Jackson Women’s Health Org., 142 S. Ct. 2228 (2022), makes clear that no right to abortion exists under the Constitution, so Georgia may prohibit them. And the expanded definition of natural person is not vague on its face. We vacate the injunction, reverse the judgment in favor of the abortionists, and remand with instructions to enter judgment in favor of the state officials.”

The Georgia legislature included exceptions for rape and incest if a police report is filed, and if continuing the pregnancy puts the mother at risk.

Photo credit: Elvert Barnes (Creative Commons) – Some rights reserved

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