The constitutional right to privacy took on the power of the state to claim immunity from legal challenge before the Georgia Supreme Court Monday.
The case in question targets a 2012 state law banning nearly all abortions after 20 weeks of pregnancy, known as the fetal pain statute because it is tied to feeling rather than viability, the standard used in Roe v. Wade. The constitutional challenge targets a facet of the law allowing district attorneys access to abortion patients’ medical records. In oral arguments, the attorneys never mentioned abortion. Instead, they focused on whether the state’s immunity trumps its citizens’ right to privacy in the Georgia Constitution.
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