The State of Georgia has been granted an extension of the deadline to respond to a lawsuit seeking to block enforcement of the new abortion ban set to take effect in January.

On Tuesday, Georgia Solicitor General Andrew Pinson filed an unopposed motion for extension of time to answer the constitutional challenge and oppose the motion for preliminary injunction.

U.S. District Judge Steve Jones of the Northern District of Georgia granted the request, changing the state's filing deadline to Aug. 19.

That gives the state an extra seven days to respond to the preliminary injunction motion and an extra 19 days to file an answer to the complaint.

SisterSong Women of Color Reproductive Justice Collective, Feminist Women's Health Center, Planned Parenthood Southeast and other medical service providers have sued Georgia Gov. Brian Kemp, Attorney General Chris Carr, certain prosecutors and health-care regulators. The complaint alleges the abortion ban created by House Bill 481 is unconstitutional and violates U.S. Supreme Court precedent.

Pinson said moving the deadline would help his office coordinate with the many defendants, some of whom have not yet been served. Pinson also noted the busy schedule of the state's outside counsel, Washington appellate lawyer Jeffrey M. Harris of Consovoy McCarthy—former clerk to U.S. Supreme Court Chief Justice John Roberts Jr., as well as to D.C. Circuit Court of Appeals Judges David Sentelle and Laurence Silberman.

“Mr. Harris will be arguing dispositive motions in McDonald v. Longley, No. 1:19-cv-219 (W.D. Tex.), on August 1, 2019, and will be presenting oral argument before the U.S. Court of Appeals for the Sixth Circuit in Swanigan v. FCA USA LLC, No. 18-2303 (6th Cir.), on August 8, 2019,” Pinson's motion said. “The short extension requested here will ensure that Mr. Harris has sufficient time to research and brief the important issues presented by Plaintiffs' motion for preliminary injunction.”

Pinson went on to note the hearing on the motion for preliminary injunction is currently scheduled for Sept. 18. Adding, “this extension will not result in prejudice to Plaintiffs or the Court.”

Both sides declined to comment on the deadline extension.

ACLU Georgia Legal Director Sean J. Young is representing the plaintiffs, along with attorneys from ACLU's national office, the Center for Reproductive Rights and Planned Parenthood Federation of America in New York and Washington.

The law bans abortion after embryonic cardiac activity can be detected with ultrasound monitoring equipment. Proponents have used the term “heartbeat bill” to describe this and similar laws recently passed in other states. Those opposed to the bans say that name is intentionally misleading and used to incite an emotional reaction.

“In a typically developing embryo, cells that eventually form the basis for development of the heart later in pregnancy produce cardiac activity that is generally detectable at approximately six weeks from a woman's last menstrual period,” SisterSong's brief in support of a motion for a preliminary injunction said.

At that point, many women don't know they're pregnant. Even if they do, they likely would not have had time to confirm pregnancy and schedule a medical appointment. “The great majority of abortions take place at or after that point,” the brief said. The embryonic stage of pregnancy lasts 10 weeks, when the fetal stage begins. Viability comes months later.

Viability—the ability of a baby to live apart from the mother—is the standard in the landmark Supreme Court decision for Roe v. Wade in 1973. That's the ultimate target of the abortion bans passed in Georgia and half a dozen other states this year. Georgia's is the only one of the bans not yet blocked with a temporary injunction to remain in effect while the litigation proceeds.

The case is SisterSong v. Kemp, No. 1:19-cv-02973-SCJ.