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.
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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 the measure “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.
Because 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 said they would keep fighting to have the ban overturned.
The law permits for later 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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