ATLANTA – A Fulton County Superior Court judge ruled Tuesday that the state cannot enforce a 2019 Georgia law banning most abortions after about six weeks of pregnancy.
Judge Robert McBurney’s ruling found key provisions of the abortion ban were void “ab initio,” or from the start, because they violate the U.S. Constitution – as it stood when the legislature passed and Republican Gov. Brian Kemp signed the law in 2019.
“At the time … it was unequivocally unconstitutional for governments – federal, state, or local—to ban abortions before viability,” wrote McBurney.
McBurney found two key provisions of the Georgia law void: a provision allowing doctors to be charged with a felony for performing an abortion and a requirement that doctors report their rationales for “otherwise illegal” abortions to the state Department of Public Health.
McBurney’s order prohibits any state or local government official from enforcing the abortion law.
But it leaves the door open for the General Assembly to reconsider the abortion issue in light of the U.S. Supreme Court’s decision last June to overturn the landmark 1973 abortion-rights decision Roe v. Wade.
“It may someday become the law of Georgia, but only after our legislature determines in the sharp glare of public attention that will undoubtedly and properly attend such an important and consequential debate,” wrote McBurney.
Georgia enacted House Bill 481, also known as the “heartbeat law” or the LIFE Act, three years ago. The plaintiffs in the lawsuit – led by reproductive rights group SisterSong – challenged the law in federal court.
After the U.S. Supreme Court’s decision overturning Roev. Wade, a federal appeals court allowed the Georgia law to take effect in July. The pro-choice advocates then took their fight to Fulton County Superior Court, challenging the abortion ban on the ground that it violated both the federal and Georgia constitutions.
“Today’s ruling recognizes that the legislature’s decision to take away abortion access across our state was in clear violation of the law,” said Andrea Young, executive director of the American Civil Liberties Union of Georgia, which represented the plaintiffs in the case. “Today is a great day for Georgia women and for all Georgians. Today their right to make decisions for their own bodies, health, and families is vindicated.”
The state, represented by the office of Republican Attorney General Chris Carr, has already filed an appeal with the Georgia Supreme Court, said spokeswoman Kara Richardson. Carr was re-elected to a second full term as attorney general last week.
“[We] will continue to fulfill our duty to defend the laws of our state in court,” added Richardson.
Abortion will also likely play a key role in the December U.S. Senate runoff between Democratic incumbent Raphael Warnock and Republican Herschel Walker. Warnock is pro-choice, while Walker has supported the Georgia abortion law. Walker has denied allegations that he paid for two ex-girlfriends’ abortions.
This story is available through a news partnership with Capitol Beat News Service, a project of the Georgia Press Educational Foundation.
ATLANTA – Opponents of a proposed titanium mine near the Okefenokee Swamp filed a federal lawsuit Tuesday challenging a decision by the U.S. Army Corps of Engineers to turn jurisdiction over permits for the project to the state.
The federal agency suspended the Georgia Environmental Protection Division’s (EPD) review of the proposed mine last June, declaring that Alabama-based Twin Pines Minerals (TPM) had not consulted the Muscogee Creek Nation about the project. The Okefenokee is culturally significant to the tribe.
But after the company sued in federal court, the Corps agreed in an out-of-court settlement in August to let the EPD resume its consideration of the permits.
The Atlanta-based Southern Environmental Law Center (SELC) suit filed Tuesday on behalf of four conservation groups argues the Corps’ decision would open to strip mining almost 600 acres of wetlands near the Okefenokee National Wildlife Refuge that are critical to the swamp.
“The Corps’ decision to reinstate the jurisdictional determinations runs counter to its internal guidance, reasoned decision-making, and common sense,” said Megan Huynh, a senior attorney at the SELC.
“Not only are the at-risk wetlands valuable in their own right, but they are important to the health of the irreplaceable Okefenokee Swamp. To comply with the [federal] Clean Water Act, the Corps must require Twin Pines to obtain a federal permit and complete a full environmental review of the mining project.”
Twin Pines officials say the mine does not threaten the environment, noting the proposed site for the project is three miles from the southeast corner of the Okefenokee at its closest point and 11 miles from the nearest canoe trail used by visitors.
The company also maintains the land will be restored to its original contours and native vegetation after mining activity is completed.
The SELC is representing the National Wildlife Refuge Association, National Parks Conservation Association, Defenders of Wildlife, and the Center for Biological Diversity in the lawsuit.
“The Corps’ failure to follow the law and the science, which overwhelmingly shows the TPM project as an existential threat to the Oke, has exposed the swamp to unacceptable risk,” said Josh Marks, a lawyer who has led the opposition to the current mining project as well as a mining proposal near the swamp during the 1990s that was eventually abandoned.
“It’s just the opposite of the type of leadership we need from the federal government, especially at a time when the Biden administration is putting such a premium on protecting natural carbon sinks that are critical to fighting climate change.”
The Okefenokee Swamp is one of the largest remaining intact freshwater ecosystems in North America. In addition to its ecological significance, the mine’s opponents say the refuge supports more than 750 jobs and nearly $65 million in annual economic output.
This story is available through a news partnership with Capitol Beat News Service, a project of the Georgia Press Educational Foundation.
ATLANTA – U.S. Sen. Raphael Warnock and his Democratic allies have filed a lawsuit challenging the absence of Saturday early voting ahead of next month’s Georgia runoff against Republican opponent Herschel Walker.
Warnock held a slight lead over Walker after votes from the Nov. 8 general election were counted. But neither candidate gained more than 50% of the vote, sending the two into a Dec. 6 runoff.
In the immediate aftermath of last week’s election, the secretary of state’s office indicated one weekday day for early voting likely would be set for Saturday, Nov. 26.
But Republican Secretary of State Brad Raffensperger subsequently announced there would be no early voting that day, citing a state law that prohibits early voting on any day that immediately follows a state holiday.
Thursday, Nov. 24, is Thanksgiving Day, and Friday, Nov. 25, is a state holiday originally set aside for the observance of Confederate General Robert E. Lee’s birthday. While Lee’s name has been removed, the state holiday remains in effect.
In a motion to restore the early voting Saturday, Warnock’s campaign, the Democratic Senatorial Campaign Committee, and the Democratic Party of Georgia argue the law cited by the secretary of state applies only to primary and general elections, not to runoffs.
The plaintiffs charge the real motivation on the part of Republicans is to suppress the vote.
“Illegal attempts to block Saturday voting are another desperate attempt by career politicians to squeeze the people out of their own democracy and to silence the voices of Georgians,” Quentin Fulks, Warnock’s campaign manager, said Tuesday.“We’re aggressively fighting to protect Georgia voters’ ability to vote on Saturday.”
“The secretary of state’s guidance regarding Saturday runoff voting is deeply concerning for anyone who believes in the right to vote, and it clearly contradicts Georgia law,” added Rebecca DeHart, executive director of the Democratic Party of Georgia. “We will use every legal tool at our disposal to ensure that Georgia counties can offer voters ample opportunity to cast their ballot as laid out in state law.”
Raffensperger criticized the lawsuit as poorly timed, with an indirect reference to former President Donald Trump’s efforts to overturn the 2020 presidential election in Georgia.
“If recent elections prove one thing, it’s that voters expect candidates to focus on winning at the ballot box – not at the courthouse,” Raffensperger said.
“Senator Warnock and his Democratic Party allies are seeking to change Georgia law right before an election based on their political preferences. Instead of muddying the water and pressuring counties to ignore Georgia law, Senator Warnock should be allowing county election officials to continue preparations for the upcoming runoff.”
The Dec. 6 runoff will be the second for Warnock. The Democrat won the Senate seat in a runoff in January of last year, defeating then-Republican incumbent Sen. Kelly Loeffler.
This story is available through a news partnership with Capitol Beat News Service, a project of the Georgia Press Educational Foundation.
ATLANTA – The Georgia Department of Education has selected 12 counties to pilot a new teacher evaluation program beginning next school year.
The list includes urban, rural and charter school districts. The state will fund a supplement to teachers and team leaders participating in the pilot.
The current teacher evaluation system, called the Teacher Keys Effectiveness System (TKES), evaluates teachers based on a combination of student growth, the teacher’s ability to meet certain performance standards and progress toward professional development goals.
Georgia teachers are required to undergo at least two, and in some cases up to six, classroom observations of their teaching each year.
“Our aim is to create a teacher evaluation system that values and elevates educators, instead of devaluing them – recognizing their central and irreplaceable role in student success,” State School Superintendent Richard Woods said. “I wish to thank these districts for coming alongside us to pilot a new system that is designed for teacher growth, from beginning teacher to teacher leader – to the benefit of students.”
The Georgia Association of Educators (GAE) supports the pilot program.
“We look forward to working with the Georgia Department of Education and the districts to move Georgia toward a teacher evaluation system that promotes educators as the professionals they are and provides a mechanism for educators to increase their skills and proficiencies in the classroom,” GAE President Lisa Morgan said.
School districts selected for the new pilot program, called the Georgia Leadership and Educator Acceleration and Development System, include Atlanta Public Schools; the school districts of Brooks, Clay, Dooly, Dougherty, Gordon, Jefferson, Lowndes, and Muscogee counties, the Griffin-Spalding and Savannah-Chatham school systems; and Liberty Tech Charter School.
This story is available through a news partnership with Capitol Beat News Service, a project of the Georgia Press Educational Foundation.
ATLANTA – The Port of Savannah experienced its second busiest month on record in October, the Georgia Ports Authority reported Monday.
The port handled 552,800 twenty-foot equivalent units (TEUs) of containerized cargo last month, an increase of 9.8% over October of last year. That put Savannah’s total for October below only the 575,500 TEUs the port moved in August.
“There has been downward pressure on the total U.S. container trade related to inflation and a shift in consumer spending toward services such as restaurants and travel,” said Joel Wooten, the authority’s board chairman. “However, the Port of Savannah continues to outperform relative to the national market, driving new business for Georgia.”
The Port of Brunswick also had a strong October. Colonel’s Island Terminal handled 70,233 units of roll-on/roll-off cargo last month, an increase of 22,045 units over the same month a year ago, or nearly 46%.
“Greater availability of computer chips has allowed carmakers to increase production,” said Cliff Pyron, chief commercial officer for the ports authority. “This, combined with manufacturers’ traditional end-of-year push, yielded strong results for our October auto volumes.”
Authority Executive Director Griff Lynch said the Port of Savannah is continuing to make progress reducing the backlog of ships at anchor waiting to enter the port.
Additionally, Savannah and other East and Gulf Coast ports have been gaining market share relative to the West Coast.
This story is available through a news partnership with Capitol Beat News Service, a project of the Georgia Press Educational Foundation.
