Judge Steve Jones, U.S. Distrist Court for the Northern District of Georgia. (Courtesy photo)

A federal judge has temporarily blocked enforcement of a new Georgia law against abortion while the constitutional challenge is pending.

Judge Steve Jones of the U.S. District Court for the Northern District of Georgia issued a preliminary injunction Tuesday against House Bill 481, which outlaws abortion upon detection of an embrionic pulse. The statute says it could apply as early as six weeks into pregnancy and carries an effective date of Jan. 1, 2020.

"In light of binding precedent, the Court determines that Plaintiffs have met their burden for the issuance of a preliminary injunction," Jones said in a 47-page order posted Tuesday afternoon. "Plaintiffs have also shown that, absent a preliminary injunction, they will suffer irreparable harm. By banning pre-viability abortions, H.B. 481 violates the constitutional right to privacy, which, in turn, inflicts per se irreparable harm on Plaintiffs."

Plaintiffs' attorney and ACLU Georgia Legal Director Sean J. Young said he received notice of the order at 3:21 p.m.

"Georgia's ban on abortion has always been blatantly unconstitutional, and all the federal court did today was uphold and defend the Constitution," Young said. "The most important thing is that HB 481 is not going into effect this January because of this order."

SisterSong Women of Color Reproductive Justice Collective and other advocacy and medical care providers sued Georgia Gov. Brian Kemp, Attorney General Chris Carr and prosecutors around the state seeking to block enforcement of the law, also asking the judge to temporarily enjoin enforcement of the law while the litigation proceeds.

"We are currently reviewing Judge Jones' decision," Kemp said Tuesday through communications director and deputy executive counsel Candice Broce. "Despite today's outcome, we remain confident in our position. We will continue to fight for the unborn and work to ensure that all Georgians have the opportunity to live, grow, and prosper."

Jones also issued a scheduling order, saying the case is on a four-month discovery track, ending Jan. 18, 2020. Jones said during a hearing last Monday that he expected to schedule the case for trial early next year—unless the parties agree to an expedited schedule.

Jones held a two-hour hearing on the case Sept. 23. Activists challenging the law sought the temporary injunction. The state argued that no injunction was necessary because the case can be decided before the law takes effect Jan. 1.

Supporters of abortion bans in Georgia and other states have said their hope is that the U.S. Supreme Court will hear their appeals and overturn Roe v. Wade, the landmark decision affirming a woman's right to choose whether to continue a pregnancy up until the point of viability—when a baby could survive after birth.

Among other things, lawyers for the two sides have argued over whether the law is a ban, since it allows the procedure before the detection of an embryonic pulse and after in certain cases of rape or threat of death for the mother.

"H.B. 481 is an abortion ban from top to bottom," Young said. "Judge Jones saw it for what it is."

The case is SisterSong Women of Color Reproductive Justice Collective v. Brian Kemp, Civil Action No.: 1:19-cv-02973-SCJ.