The Georgia Supreme Court reinstated the state’s six-week abortion ban, overturning a lower court ruling that allowed abortions to continue beyond that time period in a woman’s pregnancy.
According to an ABC report, the ruling, although temporary, will remain in effect until the court hears the state’s appeal, filed by Georgia Republican Attorney General Christopher Carr, and arguments from both sides are heard so that a ruling can be reached.
What did Justice Ellington say about the Georgia abortion ban?
Justice John J. Ellington dissented, arguing that the ban should not be reinstated until the state’s appeal is heard.
“Fundamentally, the state should not be involved in enforcing laws that have been found to violate fundamental rights guaranteed to millions of people by the Georgia Constitution,” he wrote.
“The ‘status quo’ that should be maintained is the state of the law before the challenged laws took effect,” he concluded.
How the ban was lifted
On Septemebr 30th, Fulton County Superior Court Judge Robert McBurney ruled that the ban was unconstitutional, writing in his decision that the Georgia state constitution guarantees the right to “liberty,” which includes “a woman’s right to control what happens to her body.”
The state filed an appeal two days later.
What Georgia’s state law stipulates
The law bans almost all abortions after the detection of a “heartbeat,” which typically occurs around six weeks of pregnancy when many women do not yet know they are pregnant and redefines the word “person” in Georgia to include a fetus or embryo at any stage of development.
The law was passed in 2019 but was not implemented until 2022 after the US Supreme Court overturned the precedent of Roe v. Wade, which guaranteed a woman’s right to an abortion nationwide.
There are exceptions for rape or incest up to 20 weeks of pregnancy, as long as the victim has reported the crime to the police. In addition, an abortion can be performed up to 20 weeks of pregnancy if it is determined that the fetus cannot survive or if the patient’s life is in danger.
Strong reactions against the Georgia abortion ban
“Today, the Supreme Court of Georgia has sided with those who oppose abortion. Every minute that passes with this harmful ban on abortion after six weeks of pregnancy, women in Georgia are suffering,” said the organization’s executive director, Monica Simpson, in a statement.
In addition to the announcement, a crowd gathered outside the Georgia Supreme Court to protest the law’s reinstatement.
