Georgia Supreme Court upholds six-week abortion ban.
OAN’s Abril Elfi
2:27 PM – Tuesday, October 24, 2023
The Georgia Supreme Court has overturned a lower court’s judgment that Georgia’s restricted “heartbeat” abortion ban was invalid, keeping the six-week ban in place.
On Tuesday, the 6-1 decision rejected the argument by a lower court that the six-week abortion ban was unconstitutional, meaning the case will now be sent back to the lower court for additional arguments from abortion advocates and providers.
The verdict also means that abortion availability in the state will remain restricted, and most abortions will stay banned once a physician detects embryonic heart activity, which is normally around six weeks gestation, before many women realize they are pregnant.
Pro-life groups celebrated the ruling, with Susan B. Anthony (SBA) of Pro-Life America President Marjorie Dannenfelser stating that “life is winning.”
“We congratulate Governor Kemp (R-Ga.), Attorney General Carr (R-Ga.), all our local allies, and the people of Georgia on a long and well-fought battle. Life is winning in hearts and minds nationwide. When you lead and stand boldly for life, Americans will stand with you,” Dannenfelser said.
Previously, a Fulton County Superior Court judge ruled in favor of the SisterSong Women of Color Reproductive Justice Collective and other abortion providers, ordering the state to stop enforcing the restriction.
The judge declared that the measure was “plainly unconstitutional” since it was enacted in 2019, when Roe v. Wade was still in effect and abortion was constitutionally protected.
However, the Texas Supreme Court stated that the United States Constitution does not change, only its interpretation.
Since Roe v. Wade was reversed in 2022 by Dobbs v. Jackson Women’s Health Organization, abortion is no longer a constitutional right, and the state’s ban is consistent with current law.
Abortion rights activists maintain that they will “keep fighting to have the ban overturned.”
The law permits late abortions when the mother’s life is in danger or a significant medical condition renders a fetus viable, and includes exceptions for rape and incest as long as a police report is completed.
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What was the Georgia Supreme Court’s ruling regarding Georgia’s restricted ”heartbeat” abortion ban?
The Georgia Supreme Court recently made a significant decision regarding Georgia’s restricted “heartbeat” abortion ban. In a 6-1 ruling, the court overturned a lower court’s judgment that deemed the ban invalid, effectively keeping the six-week ban in place.
The argument put forth by the lower court, claiming that the six-week abortion ban was unconstitutional, was rejected by the Georgia Supreme Court. As a result, the case will now be sent back to the lower court for additional arguments from abortion advocates and providers.
This decision means that abortion availability in the state will remain restricted, with most abortions being banned once embryonic heart activity is detected, which typically occurs around six weeks gestation. This often happens before many women even realize they are pregnant.
Pro-life groups have celebrated the ruling, seeing it as a victory for their cause. Susan B. Anthony of Pro-Life America President Marjorie Dannenfelser stated that ”life is winning.” She congratulated Governor Kemp, Attorney General Carr, local allies, and the people of Georgia for their efforts in this battle.
Previously, a Fulton County Superior Court judge ruled in favor of the SisterSong Women of Color Reproductive Justice Collective and other abortion providers, ordering the state to stop enforcing the restriction. The judge argued that the ban was plainly unconstitutional as it was enacted in 2019, when Roe v. Wade was still in effect and abortion was constitutionally protected.
However, the Texas Supreme Court made it clear that while interpretations of the United States Constitution can change, the constitution itself does not. Since the landmark Roe v. Wade decision was reversed in 2022 by Dobbs v. Jackson Women’s Health Organization, abortion is no longer considered a constitutional right. In light of this, the state’s ban is consistent with current law.
As the case now returns to the lower court, the debate on abortion rights will continue. This ruling in Georgia adds to the ongoing discussion surrounding abortion laws in the United States. It illustrates the complex and constantly evolving nature of the debate on reproductive rights and highlights the legal battles that persist in this area.
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