Linda Klein of Baker, Donelson, Bearman, Caldwell & Berkowitz, Atlanta (Photo: Jason Doiy/ALM)

Though they’re both defendants in a lawsuit challenging Georgia’s new abortion ban, Fulton County District Attorney Paul Howard has contradicted Attorney General Chris Carr in pleadings, revealing two opposing views from the same side of the litigation.

After the state’s legal team filed a 27-page brief in opposition to a motion for preliminary injunction to block enforcement of the abortion law, Howard filed an opposite response.

“The special responsibility conferred on district attorneys by the citizens of the county they serve and the laws of this country and state is not merely to pursue convictions, but, fundamentally, to seek justice,” Howard said in his response. “The issues raised in Plaintiffs’ Motion For Preliminary Injunction are governed by long-standing, well-defined and controlling precedent recognizing, among other fundamental rights, a woman’s right to privacy.”

SisterSong Women of Color Reproductive Justice Collective, Planned Parenthood and other advocacy groups and medical care providers have sued Georgia Gov. Brian Kemp, Carr and prosecutors around the state in federal court in a suit targeting the law, which is set to go into effect Jan. 1. It would ban abortions after detection of an embryonic pulse, possibly as early as six weeks into pregnancy. The only exceptions are for rape victims who have filed a police report—but only up to the current limit of 20 weeks for all abortions in Georgia—and medical emergencies threatening the life of the woman.

The advocacy groups allege that the new law is unconstitutional and in violation of U.S. Supreme Court holdings in Roe v. Wade and later rulings. They have asked U.S. District Court Judge Steve Jones of the Northern District of Georgia to enjoin the state from enforcing the law while the case proceeds.

Carr and his legal team filed the state’s answer to the complaint Monday, along with a brief in opposition to the motion for preliminary injunction. Carr’s brief said the new law “is designed to advance Georgia’s powerful interest in protecting the life of the unborn.” The AG said the law ”advances other significant state interests” by “encouraging mothers to choose childbirth over abortion.”

Soon after, Howard filed a response taking the opposite position.

“District Attorney Howard respects both this controlling precedent and the important rights it protects. Evaluated under this precedent, House Bill 481 (‘H.B. 481′) represents an unconstitutional invasion of these rights,” Howard’s response said. “Accordingly, District Attorney Howard does not oppose an injunction against the enablement of H.B. 481.”

Howard is represented by Linda Klein, senior managing shareholder at Baker Donelson and former American Bar Association president. Klein’s team includes Joe Whitley, Steven Hall and Sarah Carrier.

“Paul Howard has said publicly his greatest fear is not standing up for what is right,” Klein said Tuesday. “A woman’s right to privacy is very important to him.”

Klein acknowledged the pleading puts Howard in an opposing position to the AG, the governor and the state.

“Sometimes when society has problems that are too difficult to resolve, we go to the courts,” she said. “That’s the role of the third branch of our government.”

Carr declined to comment on Howard’s filing.

Defense counsel listed on the answer include Carr himself, as well as Georgia Solicitor General Andrew Pinson and Washington appellate lawyer Jeffrey M. Harris of Consovoy McCarthy.

Carr has retained Harris as a special assistant attorney general for the abortion ban litigation.

They have asked the judge to deny the injunction and hold a hearing in the fall to resolve the lawsuit.

For now, the judge has a scheduled hearing on the injunction for 10 a.m. Sept. 23 in Courtroom 1907.