Georgia Supreme Court Reinstates 6-Week Abortion Ban After County Judge Determined Law as Unconstitutional

The Georgia Supreme Court ruled to reinstate the state's six-week abortion ban after the law was overturned by a Fulton County judge only a week ago.

The high court issued a one-page order on Wednesday, in response to an emergency petition by the state, that puts the order made last week by the lower court on pause while it considers an appeal.

Georgia's Abortion Ban

Fulton County Superior Court Judge Robert McBurney, in his Nov. 15 decision, determined that the state's so-called "heartbeat law" was unconstitutional when it was enacted in 2019. This was because the prevailing law of Roe v. Wade prohibited abortion bans pre-viability. After McBurney's ruling, abortion access in Georgia reverted to the pre-ban level of up to 22 weeks of pregnancy.

States across the country became free to enact laws that banned abortion before fetal viability following Roe v. Wade being overturned in June. in some states, such as Georgia, abortion bans were enacted at six weeks, which is the earliest time that fetal cardiac electrical activity can be detected, as per the Washington Post.

While the order on Wednesday is not the final decision on Georgia's abortion ban, the issuance of the order immediately placed the six-week ban back into effect. Furthermore, the court denied a request by abortion providers to give them 24 hours' notice before reinstating the ban.

The situation comes as abortion rights groups have criticized the state's law as being extreme, arguing that it bans the process before people often know they are even pregnant. Victims who are seeking abortions due to rape or incest are also required to file a police report on the assault for them to receive an exemption from the ban.

A spokesman for the attorney general's office, Kara Richardson, said that they were pleased with the court's action. However, they noted that they were unable to provide further information regarding the pending appeal.

According to CNN, Judge McBurney wrote in his order that at the time when the LIFE Act ban was enacted and signed by Republican Gov. Brian Kemp in the spring of 2019, it was unconstitutional. On the other hand, the state attorney general appealed that ruling to the Georgia Supreme Court.

Overturning of Roe v. Wade

A Wednesday report said that Democrats, who prioritized the issue of abortion for months prior to the midterm elections, failed to unseat Kemp, who is one of the most pro-life governors in the United States. However, in the Georgia Senate runoff between Republican Herschel Walker and Democrat Raphael Warnock, the issue is seen as being the deciding factor.

A poll from late October, which was conducted before the election, found that inflation was the primary issue for Georgians at 38%. The number represents an increase from 28% that was seen in July.

Among the people who cared about inflation, Walker was ahead by 43 points, with abortion being the most important issue to 18% of voters, and election integrity only being on the top of the minds of 12% of voters. Warnock was found to be leading both latter groups by at least 40 points, Fox News reported.