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.

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.

“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.”

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

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.”

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.

May 20, 2025

Shaheim Johnson is reaching a significant milestone this May by becoming the first in his family to graduate from college. He describes his journey as a first-generation student at Georgia Southern University with two unforgettable words: “No regrets,” adding, “If I could, I would do it all over again.”

Growing up in Brunswick, Georgia, the University was always on his radar. It was a popular choice among the teachers who influenced him. However, it wasn’t until a visit to the Statesboro Campus that the then-high school senior decided to enroll.

Recalling that visit, he said, “I fell in love with the campus, the staff and faculty. I didn’t want to leave. I asked my mom then and there if I could stay.”

As a first-year student, Johnson set his sights on a bachelor’s degree in secondary education with a concentration in history, inspired by the teachers who had guided him.

“This major allows me to make an impact on the future of our country,” he explained. “I want to give back, just like the many educators who motivated me throughout my PreK-12 years.”

A self-described go-getter, Johnson quickly found his footing on campus, readily embracing new challenges and opportunities. Yet, his initial year was also marked by the difficult loss of his grandfather.

“It was very tough being away from home and experiencing such a huge loss,” Johnson shared. “I was considering leaving Georgia Southern, but the supportive community is what led me to stay.”

Ultimately, his choice to remain at Georgia Southern enabled him to fully engage in college life,  especially through his extensive involvement in campus activities. He served in various roles in the Student Government Association (SGA) and was the founding president of the Aspiring Educators of Georgia Southern. His proudest accomplishment was ending his final year as the SGA president. That role gave him the honor of speaking to his fellow students at both the December 2024 and May 2025 commencement ceremonies.

“This was a dream that I had for many years, and I can say that I achieved it,” Johnson said.

With graduation now a reality, Johnson reflected on his personal growth, noting that his years at Georgia Southern totally changed his outlook on life. As he put it, “Life is going to come with endless challenges and obstacles that make you want to quit or settle for the bare minimum. But you can’t let that stop you from seeing what bigger things you can accomplish or will be granted when you run through the fire of obstacles and worries.”

For those considering Georgia Southern, the education major advised, “Georgia Southern is a place of huge opportunities. No matter what your interests are, you will find your opportunities here. Come here, have fun, make new lifelong friends and enjoy all the things Southern has to offer.”

The May graduate is set to begin teaching U.S. history at Effingham County High in the upcoming academic year and eagerly anticipates organizing and decorating his classroom. For now, foremost in his mind is the gratitude he feels for the support he received from Georgia Southern’s College of Education.

“It’s difficult to name just one professor because so many have left an indelible mark on my academic journey,” Johnson explained. “They challenged me to think critically, inspired me to strive for excellence and equipped me with the knowledge and confidence I need to step into my future classroom as a capable and passionate educator.”

The budding teacher knows his parents are proud of his achievements, particularly as a first-generation college student. He acknowledged, “Moving away from home to come to Statesboro was a challenge for them, but I have definitely shown them that it was the best decision ever.”

Looking ahead, Johnson intends to return to Georgia Southern to earn a master’s degree in curriculum and instruction. Eventually, he plans to transition into education administration, demonstrating his continued commitment to the institution that changed his life.