Elbert P. Tuttle Courthouse

Elbert P. Tuttle Courthouse in Atlanta

The U.S. 11th Circuit Court of Appeals has issued a stay on an appeal of Georgia’s controversial abortion law, pending the outcome of an upcoming U.S. Supreme Court abortion case.

The court made the announcement on SisterSong v Kemp Monday night. A federal judge has blocked the law as unconstitutional and Gov. Brian Kemp is appealing.

The Supreme Court case in question is Dobbs v. Jackson Women’s Health Organization, which has the potential to challenge Roe v. Wade. The case involves a Mississippi abortion law and will be heard by the Supreme Court on Dec. 1.

Last Friday, the court heard arguments appealing the block on Georgia’s law, known as the Living Infants Fairness Equality Act, which seeks to prevent abortions after a fetal heartbeat has been detected, typically six weeks into pregnancy, except in special situations.

During the arguments, the justices seemed inclined to stay the appeal until the Supreme Court decides on the Mississippi case.

Lawyers on both sides of the case had no objections to the court’s inclinations to stay the case.

This story is available through a news partnership with Capitol Beat News Service, a project of the Georgia Press Educational Foundation.

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