Georgia Supreme Court Upholds State's Abortion Law

The Georgia Supreme Court has reinstated the state's abortion ban, which was previously struck down by a judge. This decision was made on October 7, and means that the prohibition on abortions after a fetal heartbeat is detected will be in effect as the case continues.

Reinstating the Law

Six justices agreed to a request from Georgia officials to reinstate the law. This comes after a county judge ruled on September 30 that the law infringes on the rights of women in the state to have an abortion. Fulton County Superior Court Judge Robert McBurney stated in his ruling that Georgia’s Constitution grants residents liberty, which includes the right of women to control what happens to their bodies. The Georgia Supreme Court issued a one-page order in which the majority of justices announced they were staying McBurney’s ruling as of 5 p.m. on October 7. The majority did not provide an explanation for their decision.

Details of the Law

The law stipulates that abortion is not allowed if an unborn child's heartbeat has been detected. Exceptions are made in cases where doctors determine a medical emergency exists, and in some instances, incest or rape. The Georgia Supreme Court order does not affect the block of a provision that would provide abortion-related health records to district attorneys. Justice Nels S.D. Peterson was disqualified from considering the state’s emergency request to intervene, and Justice Andrew A. Pinson did not participate, according to the high court.

Varied Opinions

Justice John J. Ellington concurred in part and dissented in part, stating that the state had not provided sufficient arguments to warrant a stay. He pointed out that groups suing over the law met the burden of proving that the law violates Georgia’s Constitution. Ellington wrote, “Fundamentally, the state should not be in the business of enforcing laws that have been determined to violate fundamental rights guaranteed to millions of individuals under the Georgia Constitution.” He further added that the 'status quo' that should be maintained is the state of the law before the challenged laws took effect. He only concurred with the decision not to reinstate the provision concerning health records. The majority was formed by Justices Michael P. Boggs, Sarah Hawkins Warren, Charles J. Bethel, Carla Wong McMillian, Shawn Lagrua, and Verda M. Colvin. The stay is in place as the state files an appeal, which will be heard in due course. The stay could become permanent or ultimately be withdrawn. The abortion bill was approved by the Georgia Legislature in 2019 and the law took effect in 2020.

Bottom Line

This decision by the Georgia Supreme Court has significant implications for the ongoing debate on abortion rights. It underscores the ongoing tensions and differing opinions on the issue. What are your thoughts on this development? Do you agree with the reinstatement of the law, or do you believe it infringes on women's rights? Share your thoughts and this article with your friends. Don't forget to sign up for the Daily Briefing, which is available every day at 6pm.