Georgia’s Supreme Court dominated that the state’s six-week abortion ban was constitutional on Thursday, upholding a ban that severely limits entry to the type of reproductive healthcare.
In a 6-1 determination, Georgia’s Supreme Court upheld the ban, which prohibits abortions at six weeks of being pregnant – earlier than most girls know they’re pregnant.
The extremely anticipated ruling comes after almost a yr of forwards and backwards between decrease courts within the case of Georgia v SisterSong Women of Color Reproductive Justice Collective.
Plaintiffs argued that the state’s regulation violated Georgia’s constitutional requirement that statutes can not violate the regulation. When the regulation was handed in 2019, abortion was authorized within the state.
It wasn’t till the Supreme Court overturned Roe v Wade in June 2022 that the regulation went into impact.
In response, the state argued that it didn’t matter when the regulation was handed however that it’s now aligned with the present regulation.
Last November, Fulton County Superior Court Judge Robert McBurney initially determined the regulation was unconstitutional and blocked it quickly. However, eight days later the Georgia Supreme Court reinstated the regulation whereas awaiting a choice.
In their determination, the Georgia Supreme Court argued that the decrease court docket “erred” within the determination saying it can not render a regulation void from the start or “ab initio”
“The holdings of United States Supreme Court cases interpreting the United States Constitution that have since been overruled cannot establish that a law was unconstitutional when enacted,” the Georgia Supreme Court stated in its ruling.
In the bulk opinion, written by Justice Verda Colvin, the court docket argued that they had been addressing challenges to the regulation below a post-Dobbs world since Roe is not the precedent.
Georgia is now amongst 12 states which have handed and upheld so-called “fetal heartbeat bills” which declare the six-week level in gestation is the purpose at which fetal heartbeat is detectable – although this reality is disputed among the many American Medical Association and American College of Obstetricians and Gynecologists.
The regulation, nicknamed the LIFE Act, mandates a penalty for medical doctors who carry out the process. It does make exceptions for abortion within the case of rape or incest, so lengthy a lady is lower than 20 weeks gestation, however requires a police report.
The implications of restrictive entry to abortion care can result in medical, emotional and bodily trauma, one thing a number of ladies in Texas have testified to after they had been denied abortion care.
“Today’s decision will cause irreparable harm to the people of Georgia, the majority of whom want abortion to be legal,” Carol McDonald, president and CEO of Planned Parenthood Southeast Advocates stated in a press launch.
Ms McDonald stated Planned Parenthood Southeast Advocates intends to carry lawmakers accountable for “the public health crisis they’ve created” throughout Georgia.
Monica Simpson, the manager director of SisterSong Women of Color Reproductive Justice Collective stated the ruling was “devastating.”
“This abortion ban has forced Georgians to travel across state lines at great expense or continue the life-altering consequences of pregnancy and childbirth against their wills. In a state that already has OB/GYN deserts, one of the highest maternal mortality rates, especially for us as Black women, and cruel anti-trans legislation, this decision only further disregards us, our bodily autonomy, and our lives,” Ms Simpson stated.
Ms Simpson, like Ms McDonald, vowed to proceed preventing for “reproductive justice”.
Now, the case will return to Fulton County Superior Court the place Judge McBurney will think about the plaintiff’s different arguments as to why the six-week ban needs to be lifted.