Georgia Politics, Campaigns, and Elections for July 21, 2022

Union General Irvin McDowell’s forces engaged Confederates under General Pierre G.T. Beauregard and General Joseph Johnston at the First Battle of Manassas/Bull Run on July 21, 1861.

On July 21, 1868, the Georgia General Assembly ratified the 14th Amendment to the United States Constitution as a condition for readmission.

Ernest Miller Hemingway was born on July 21, 1899 in Oak Park, Illinois.

On July 21, 1988, Massachusetts Governor Michael Dukakis accepted the Democratic nomination for President at the National Convention in Atlanta.

Georgia Politics, Campaigns, and Elections

A panel of the 11th Circuit United States Court of Appeals yesterday lifted an injunction that prevented Georgia’s “Heartbeat Bill” from going into effect, according to the AJC.

The panel of appeals judges sent the case back to a federal district judge and instructed him to reverse his 2020 ruling and allow the law to take effect. In a follow-up order, the panel lifted the district judge’s ban, allowing the law to take effect immediately.

“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,” Chief Judge Bill Pryor of the 11th U.S. Circuit Court of Appeals wrote in his order.

That means most abortions are no longer allowed once a doctor can detect fetal cardiac activity, typically about six weeks into a pregnancy and before many women know they are pregnant.

“Today, our arguments have prevailed, meaning the Eleventh Circuit has allowed Georgia’s (abortion law) to take effect immediately,” Attorney General Chris Carr said in a statement.

Gov. Brian Kemp told reporters he was “overjoyed” by the decision. He said health care providers are ready to give mothers “the resources they need to be safe, healthy and informed.”

From WABE:

The law has been tied up in litigation since Republicans passed it in 2019. But now that the Supreme Court has overturned Roe v. Wade, judges for the 11th Circuit Court of Appeals decided the legal challenge is moot.

“Dobbs v. Jackson Women’s Health Org makes clear that no right to abortion exists under the Constitution, so Georgia may prohibit them,” Chief Judge William Pryor wrote in the ruling.

The law bans most abortions after cardiac activity can be detected, with exceptions when the mother’s life is at risk and, after filing a police report, in cases of rape and incest.

“Today’s decision by the 11th Circuit affirms our promise to protect life at all stages,” Republican Gov. Brian Kemp told reporters at the Georgia Capitol today. “We are overjoyed that the court has paved the way for implementation of Georgia’s LIFE Act.”

Additional legal challenges are now expected in state courts – as supporters of reproductive rights argue Georgia’s state constitution contains stringent privacy protections that conflict with the new abortion law.

From the Capitol Beat News Service:

Now that the appellate court has upheld the law, it takes effect immediately, according to the American Civil Liberties Union (ACLU), one of the groups that challenged the law.

The ACLU called the court’s move to reinstate the law immediately “highly unorthodox,” saying normally the court would wait 28 days to issue a mandate.

“The court took this action on its own, without any request from the state, and outside of the normal court procedures,” the group stated. “This means the state’s six-week ban takes effect today, pushing abortion out of reach for Georgians before many even know they’re pregnant.”

[Governor Brian] Kemp praised the decision for finally allowing Georgia’s heartbeat law to take effect.

“As mothers navigate pregnancy, birth, parenthood, or alternative options to parenthood – like adoption – Georgia’s public, private, and nonprofit sectors stand ready to provide the resources they need to be safe, healthy, and informed,” the governor said.

“It is the constitutional duty of the Georgia Attorney General to defend the laws of our state,” Attorney General Chris Carr added. “Today, our arguments have prevailed, meaning the Eleventh Circuit has allowed Georgia’s LIFE Act to take effect immediately.”

State Sen. Jen Jordan, the Democrat challenging Carr on the November ballot, said the battle over abortion rights isn’t over.

“The U.S. Supreme Court said this fight belongs in the states, so we must challenge this law in the state courts, and we must elect state leaders who will protect access to reproductive health care,” she said. “That’s why I’m running for Georgia Attorney General.”

From the Associated Press via the Valdosta Daily Times:

Gov. Brian Kemp, a Republican, signed the Living Infants Fairness and Equality Act, or LIFE Act, in 2019. He has avoided saying whether he favors further restrictions, although he at one time staked out an absolutist position that wouldn’t have provided exceptions for rape or incest.

As he looks toward the general election in November against Democrat Stacey Abrams, Kemp has emphasized what his staffers characterize as a broader “life” agenda, noting his support for extending the Medicaid health insurance program to cover poor mothers for a full year after birth. Kemp staffers also question the feasibility of passing a more restrictive law, noting the current law passed by only one vote.

“Since taking office in 2019, our family has committed to serving Georgia in a way that cherishes and values each and every human being, and today’s decision by the 11th Circuit affirms our promise to protect life at all stages,” Kemp said Wednesday.

Abrams said “women are now second-class citizens” and promised to fight to repeal the law if elected. With a legislature even she acknowledges is likely to remain in Republican hands, that could be difficult.

“Today, Kemp achieved his goal: to endanger women, strip away our right to choose, and deny our ability to determine what is best for our bodies,” Abrams said. “In a state where pregnancy is too often fatal, he is proud of denying women the right to make medical decisions for themselves.”

From the New York Times:

As abortion restrictions spread across more states, Georgia residents seeking the procedure will face significant obstacles to obtaining care, said Alice Wang, a staff attorney for the Center for Reproductive Rights.

“We’ve already seen much of the South go dark,” Ms. Wang said.

In Alabama, abortion is banned with no exceptions for rape or incest. In Tennessee, it is currently banned after six weeks of pregnancy, and a law banning nearly all abortions, with no exceptions for rape or incest, is expected to take effect this summer. Abortion is banned after 15 weeks of pregnancy in Florida, and after six weeks in South Carolina.

From GPB News:

The law sets up a new battle between state and local officials who said they will not enforce the law. A handful of district attorneys in liberal-leaning areas have pledged not to use their resources to criminalize women seeking abortions and safe abortion providers.

Experts also suspect that attorneys against the law may have a case that the ban violates a woman’s right to privacy under the state constitution.

The ruling is also set to shake up the state’s general election cycle. Abortion rights advocates have stressed the importance of Georgians taking to the ballot box in November.

“The ACLU of Georgia will continue to fight for abortion rights for the women of Georgia with all of the tools at our disposal,” said Andrea Young, executive director of the ACLU of Georgia. “At the same time, Georgia voters have the opportunity to vote out politicians who oppose a woman’s right to decide when, whether, and with whom she wants to have a family.”

Savannah Mayor Van Johnson has no plan to leave office after some citizens called for his resignation, according to WSAV.

On Saturday, protesters with the Racial Justice Network marched through the Hostess City demanding the mayor either reform the Savannah Police Department (SPD) or step down.

“As a Black man, he should know,” Elder James Johnson, CEO of the Racial Justice Network, told News 3. “I’m pretty sure he knows all the killings of a Black man this year all across this country. You think he’d want to reform his police department. And if he don’t, he needs to resign or the people need to vote him out.”

“It is what it is, but I’m not going anywhere,” Mayor Johnson said in response. “So, sorry to disappoint.”

Johnson also addressed rising gun violence in the city. According to the mayor, 100 guns have been stolen from unlocked vehicles this year.

“If each of those guns was used in the commission of a felony, essentially you could have 100 people dead,” Johnson said. “Every gun out there that’s unaccounted for represents an opportunity for our community to be victimized.”

Johnson said he’s considering an ordinance that would hold gun owners accountable in that situation. On Wednesday, he said he’s already tasked the city manager and city attorney to draft a presentation to council.