A judge for the US District Court for the Northern District of Georgia issued a preliminary injunction Tuesday that temporarily prevents the state from enforcing a fetal heartbeat abortion ban that was signed into law earlier this year.
This preliminary injunction comes following a lawsuit that was filed by several organizations after the bill was signed into law.
In order to grant the preliminary injunction, the court relied on four factors. First, the court found that the organizations had a “substantial likelihood of success on the merits” of their complaint. Second, the court found that without the injunction, the organizations would suffer an “irreparable harm” from the law because it “violates the constitutional right to privacy.” Third, the court employed a balancing test between the harms that the organizations would suffer without the injunction and the harms that the government would suffer if the injunction were granted. The court found that the organizations would suffer a great harm without the preliminary injunction, but the government would not suffer any harm because the preliminary injunction would “leave the Defendants in the same position they occupy now, and have occupied for nearly 50 years.” Finally, the court concluded that the granting of the preliminary injunction is “in the public interest” because it would “ensure constitutional rights are protected.”