Georgia is latest state to pass fetal heartbeat bill as part of growing trend

The bill, which narrowly passed in the Republican-controlled legislature on Friday, is expected to be signed into law by Gov. Brian Kemp, a Republican. The measure generally prohibits the procedure after doctors can discern a fetal heartbeat, a milestone that happens around six weeks of pregnancy — before some women know they are pregnant.

Georgia’s so-called fetal heartbeat bill passed as momentum for similar proposals is building in several Republican-controlled state capitals. The governors in Mississippi and Kentucky signed fetal heartbeat measures into law in recent weeks, and other states are expected to approve similar measures this year.

But the efforts have so far not gained traction in the courts, which quickly halted the fetal heartbeat bill from taking effect in Kentucky and found similar measures in Iowa and North Dakota unconstitutional. The measures clash with Supreme Court decisions that have recognized a woman’s right to an abortion until a fetus is viable outside the womb, usually around 24 weeks into a pregnancy.

Oponents of abortion have said that is part of the intent: to land a new case before the Supreme Court, which became more conservative with the appointment of Justice Brett Kavanaugh last year — lending urgency to the question of whether Roe v. Wade could be overturned or weakened. The American Civil Liberties Union promised to go to court if the bill becomes law.

The bill would effectively change the limit on abortion in Georgia to six weeks from 20 weeks. The measure allows exceptions to prevent death or serious harm to the woman, in cases in which the pregnancy is “medically futile” because the fetus would not be able to live after birth, and in cases of rape or incest in which a police report has been filed.