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A brain-dead woman's pregnancy raises questions about Georgia's abortion law

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A brain-dead woman's pregnancy raises questions about Georgia's abortion law


Adriana Smith remains on life-support at Emory University Hospital in Atlanta.

Brynn Anderson/AP/AP


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Brynn Anderson/AP/AP

Adriana Smith, a 30 year-old nurse and mother, was about nine weeks pregnant in February when doctors declared her brain dead after she suffered a medical emergency.

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But Smith’s mother, April Newkirk, told Atlanta TV station WXIA that doctors at Emory University Hospital have been keeping her organs functioning since then until the fetus can be delivered, citing Georgia’s law banning most abortions after fetal cardiac activity can be detected, or roughly six weeks into pregnancy.

Smith is now roughly 22 weeks into the pregnancy and has been on life support for more than 90 days.

“My grandson may be blind, may not be able to walk, we don’t know if he’ll live once she has him,” Newkirk told WXIA last week. “And I’m not saying we would have chose to terminate her pregnancy. What I’m saying is we should have had a choice.”

Case sparks legal questions

Democratic State Sen. Nabilah Islam Parkes wrote a letter to Georgia’s Republican Attorney General Chris Carr asking for clarity about how Georgia’s abortion law should be applied in this context.

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“Let me be plain: this is a grotesque distortion of medical ethics and human decency,” Islam Parkes wrote. “That any law in Georgia could be interpreted to require a brain-dead woman’s body to be artificially maintained as a fetal incubator is not only medically unsound — it is inhumane.”

The law, known as the LIFE Act, was narrowly passed and signed into law by Gov. Brian Kemp in 2019, but was not in force until the U.S. Supreme Court overturned Roe vs. Wade in 2022. A legal challenge to Georgia’s abortion law is still working its way through the state courts.

“There is nothing in the LIFE Act that requires medical professionals to keep a woman on life support after brain death,” Carr’s office responded in a statement. “Removing life support is not an action ‘with the purpose to terminate a pregnancy.”

Emory Healthcare seems to have come to a different conclusion. The hospital has not addressed the attorney general’s legal opinion and has not responded to repeated requests for comment, but the health system did provide a statement to several outlets last week.

“Emory Healthcare uses consensus from clinical experts, medical literature, and legal guidance to support our providers as they make individualized treatment recommendations in compliance with Georgia’s abortion laws and all other applicable laws,” the health system wrote. “Our top priorities continue to be the safety and wellbeing of the patients we serve.”

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Mary Ziegler, a law professor at the University of California-Davis, says this disconnect is not uncommon in the post-Roe era, as medical providers in states with restrictive abortion laws have become more risk-averse. Running afoul of the law can carry criminal penalties in many states.

“This scenario in Georgia right now is an example of that where you have the attorney general who says, ‘No problem, go ahead,’ and you have doctors and their lawyers reading the law and saying, ‘We’re not so sure,” Ziegler says.

Ziegler also pointed to two other Black women in Georgia, Amber Thurman and Candi Miller, whose deaths drew national attention. ProPublica reported last year that a state panel ruled their deaths preventable and likely the result of doctors being slow or unwilling to provide abortion care because of Georgia’s law. Top Republicans in Georgia have disputed whether the state’s abortion law played any role.

The cases also highlighted Georgia’s maternal mortality crisis disproportionately affecting Black women.

Debate over personhood

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In the case of Adriana Smith, Ziegler says one reason Emory may be interpreting Georgia law in this way is because of a provision in the abortion law establishing what is known as “fetal personhood.”

Fetal personhood is the idea that embryos and fetuses are people and have legal rights. In Georgia, for example, residents can claim a fetus as a dependent on state taxes.

Ziegler, author of the book Personhood, the New Civil War over Reproduction, says establishing fetal personhood has long been a goal of the anti-abortion movement.

Republican State Sen. Ed Setzler, who sponsored Georgia’s 2019 abortion law, said in a statement that he believes Emory is interpreting the law correctly.

“I think it is completely appropriate that the hospital do what they can to save the life of the child,” Setzler wrote in a statement to the AP. “I think this is an unusual circumstance, but I think it highlights the value of innocent human life. I think the hospital is acting appropriately.”

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After the fall of Roe v. Wade, existing state personhood laws could be enforced, resulting in consequences, both intended and unintended, such as in the Georgia case. Ziegler says the debate could open up an array of new legal questions for areas like in-vitro fertilization, the census or child support.

As these cases spur more legal challenges, the issue could eventually land at the U.S. Supreme Court.



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Georgia high school student tased by officer speaks out

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Georgia high school student tased by officer speaks out


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Lanier Johnson-Hunt, an 18-year-old Georgia high school student, publicly responded after a video of a Fulton County School police officer using a taser on him aboard a school bus went viral. NBC News’ Kathy Park spoke with Johnson-Hunt about what happened and the ongoing investigation.

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ESPN reveals Georgia’s biggest question mark entering the College Football Playoff

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ESPN reveals Georgia’s biggest question mark entering the College Football Playoff


ATHENS — Georgia does plenty of things well. It’s a big reason the Bulldogs are in the College Football Playoff after a 12-1 season that saw Georgia win the SEC.

But Georgia is not a perfect team. Like all eight remaining teams in the College Football Playoff, it has flaws.

And the biggest one, per ESPN’s Mark Schlabach, comes on the offensive line.

“Georgia’s offensive line struggled early but improved throughout the season once key players returned from injury,” Schlabach wrote. “Then the Bulldogs lost starting center Drew Bobo to a foot injury in their 16-9 victory against Georgia Tech in the regular-season finale. Bobo, whose father is Georgia offensive coordinator Mike Bobo, will miss the CFP because of the injury.”

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Bobo did not play against Alabama, as he was on a scooter during the 28-7 win. Malachi Toliver filled in for Bobo, playing well in Bobo’s absence.

Georgia coach Kirby Smart was asked about the status of Bobo specifically on Monday when speaking to reporters.

“Yeah, I’m optimistic we get all those guys back,” Smart said. “We’re hopeful to get those guys back and get them back recovered, get them going. They’re good football players, and they’re going to help us. We’re hopeful to get a lot of those guys back, and we’ve got guys dinged up from the practices we’ve had, too.”

Even with all the injuries — Georgia started six different offensive line combinations in its first six games of the season — Bobo had been a stabilizing force for the group.

Bobo was a second-team All-American selection by the AFCA this year for his play. Without him, questions exist as to whether Georgia will be able to match up with some of the more physical defensive units. Should Georgia beat Ole Miss, the Bulldogs would face the winner of Miami-Ohio State.

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“Georgia’s offensive line ended up being among the better ones in the SEC. The team ranked third in the league in sacks allowed (18) and fifth in rushing (186.6 yards) after struggling mightily to run the ball in 2024,” Schlabach wrote. “How well will the line hold up if the Bulldogs end up playing a menacing defensive front such as Miami’s or Texas Tech’s?”

Georgia’s offensive line played well in its first game against Ole Miss, as the Bulldogs rushed for 221 yards and scored 43 points in the win over the Rebels. Georgia did not punt once in the win.

The offensive line will once again need to be sharp if the Bulldogs are to go on a deep playoff run. In last year’s Sugar Bowl against Notre Dame, Georgia’s offensive line struggled mightily. The Bulldogs had just 62 rushing yards in the 23-10 loss, while Gunner Stockton was sacked 4.0 times.

We will have to wait a little while longer to see how Georgia’s offensive line holds up, as the Bulldogs will face Ole Miss on Jan. 1. The game is set for an 8 p.m. ET start on ESPN.



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3 inmates, including man charged with murder, escape from Georgia jail

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3 inmates, including man charged with murder, escape from Georgia jail


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Authorities are searching for three inmates, including one charged with murder, who escaped from a county jail east of Atlanta on Dec. 22.

The three inmates fled from the DeKalb County Jail early on Dec. 22, according to the DeKalb County Sheriff’s Office. They were found missing during a routine security check, which prompted internal security teams to search the jail, the sheriff’s office said.

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“We take this breach very seriously and are working diligently to ensure these individuals are safely returned to custody as quickly as possible,” DeKalb County Sheriff Melody M. Maddox said in a statement.

The sheriff’s office did not provide further details on how the inmates were able to escape from the jail, but said its fugitive unit and uniform patrol units were “actively searching” for the three men. Several local law enforcement agencies, along with the U.S. Marshals Service, are assisting in the search.

The sheriff’s office warned that the inmates might be armed and are considered dangerous. The agency said the public is “urged to exercise extreme caution and should not approach them,” adding that people with information regarding the men’s whereabouts are asked to contact authorities.

The DeKalb County Jail is located in Decatur, about 10 miles east of downtown Atlanta.

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3 Georgia inmates facing multiple charges, including murder

The sheriff’s office said the three inmates were being held on multiple charges. The three men were identified as:

  • Stevenson Charles, 24, is charged with murder and armed robbery.
  • Yusuf Minor, 31, is charged with two counts of armed robbery and two counts of possession of a firearm during the commission of a felony.
  • Naod Yohannes, 25, is charged with simple assault, arson, and unlawful acts of violence in a penal institution.

The U.S. Marshals Service is mainly seeking the location of Charles, according to WSB-TV in Atlanta and The Atlanta Journal-Constitution. The agency described Charles as a violent fugitive, the television station reported.

The U.S. Marshals Service told WSB-TV that Charles has been “charged with, or convicted of, murder, aggravated assault, weapons violations, sodomy on a person less than 10 years old, kidnapping, carjacking, armed robbery and probation violations.”

In 2024, Charles pleaded guilty in Georgia to false imprisonment, aggravated sodomy, two counts of kidnapping, two counts of armed robbery, and two counts of aggravated assault, according to the Gwinnett County District Attorney’s Office. He was sentenced to life in prison.

Before his guilty plea, the district attorney’s office said he was convicted in 2023 in a federal court in Florida for carjacking, kidnapping, and robbing five victims in Miami.

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“Let the message go out to Mr. Charles and all other fugitives. We are looking for, and we will find you,” Thomas E. Brown, the U.S. Marshal for the Northern District of Georgia, said in a statement, according to the Atlanta Journal-Constitution. “Any person who violates the laws of the United States will not be allowed a moment of rest. You will never find peace. You will answer for your crimes.”

The U.S. Marshals Service did not respond to USA TODAY’s request for comment on Dec. 22.

Recent jailbreaks across the United States

The incident in Georgia is the latest jailbreak to occur in the United States this year. It also comes just weeks after another Georgia inmate escaped from custody at a hospital and used ride-hailing services, including an Uber ride, to evade sheriff’s deputies.

The inmate, identified as 52-year-old Timothy Shane, was captured after about three days in Covington, a small city located outside of Atlanta, authorities said.

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On Dec. 19, authorities arrested the last of three inmates who escaped from a Louisiana jail in early December by removing mortar and concrete blocks from a degraded part of a wall.

In June, a former Arkansas police chief — convicted murderer and rapist Grant Hardin — was recaptured following a 12-day manhunt. Hardin had escaped from prison disguised as a guard and only made it over a mile away from the facility before he was found.

Earlier in the year, 10 inmates brazenly escaped from a New Orleans jail. Authorities previously said the inmates fled through a hole in a cell wall after ripping away a toilet and sink unit on the morning of May 16.

Most of the escapees were caught in the weeks after, and since then, multiple people have been charged with helping the inmates escape or stay on the run. The final inmate was recaptured on Oct. 8 in Atlanta, nearly five months after the escape.

Contributing: Jeanine Santucci, USA TODAY

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