Georgia Supreme Court Gives Critics Another Chance at Blocking Abortion Ban

The Georgia Supreme Court ruled on Tuesday that the ban on abortion around six weeks of pregnancy will remain in place—though the legal battle still isn't over. A lower court will now consider the law again on other grounds, giving critics another chance at blocking it.

The Georgia Supreme Court ruled 6-1 in favor of the abortion ban in a lawsuit challenging the 2019 "heartbeat bill" law, which was initially blocked in court before being put back into effect after the U.S. Supreme Court overturned Roe v. Wade in June 2022. So-called heartbeat bills ban abortions at around six weeks, or the point at which cardiac activity—incorrectly known as the fetal "heartbeat"—can be detected.

Superior Court Judge Robert McBurney challenged the 2019 law in November 2022. He said that the ban was "unequivocally unconstitutional" because it was enacted in 2019, when Roe v. Wade allowed abortions well past six weeks.

However, the state Supreme Court reversed the lower court's ruling on Tuesday. It found the 2019 law is not void and did not violate the U.S. Constitution. The basis for this ruling was that the U.S. Supreme Court's overturning of Roe v. Wade changed the interpretation of the Constitution to show that the 2019 law was always valid.

However, as part of the ruling, the case will now be sent back to a Fulton County court to consider other issues, as it now has to consider whether abortion is protected under the Georgia state constitution.

This could mean it's still possible the law could be struck down on other grounds, and that the state Supreme Court could eventually consider it again.

Critics will therefore have "have another round" to block the abortion ban as it makes its way to lower court, legal analyst Anthony Michael Kreis told Newsweek in a statement via X, formerly Twitter.

"Constitutional law and constitutionalism happens in many places outside the courts. And it isn't wise to want otherwise. That said, this isn't the end of the litigation as the core question remains: does the Georgia Constitution's right to privacy protect abortion access?" Kreis wrote.

In a press release to Newsweek, the American Civil Liberties Union of Georgia said that it would continue the fight because "the ban violates Georgians' rights to privacy and equal protection under the state Constitution."

"Today's ruling is not the end of this fight for women's healthcare. Be clear, the right to abortion is on the ballot in 2024. Gov. Brian Kemp and the Georgia legislature acted to take away our rights. The Georgia legislature can restore our rights and we must organize to elect a pro-choice legislature," Andrea Young, executive director of ACLU of Georgia, said.

Kemp, the Republican governor, has been outspoken on his about abortion, including signing the "heartbeat bill" in 2019.

"(The bill) is very simple but also very powerful: a declaration that all life has value, that all life matters, and that all life is worthy of protection," Kemp said before signing the legislation at the state Capitol in 2019.

In a statement to Newsweek, Kemp welcomed the court's decision, saying it is another step towards ensuring the lives of all Georgians.

"I applaud Justice Colvin and the Georgia Supreme Court for ruling today that our written Constitution controls over judge-made law. Today's victory represents one more step towards ending this litigation and ensuring the lives of Georgians at all ages are protected," Kemp said.

However, Kwajelyn Jackson, executive director of Feminist Women's Health Center in Georgia, said that the law put people's lives at risk, in a press release also emailed to Newsweek by ACLU of Georgia.

"It is heart-wrenching that we are being forced to turn patients away who need abortion care beyond the earliest weeks of pregnancy. We have been continuing to get calls from patients across Georgia and the Southeast who have nowhere in their own communities to turn to for care. Abortion is an essential component of reproductive health care, and this law is putting people's lives at risk. We will continue to fight this ban on behalf of our patients and our communities," she said.