Georgia Supreme Court Rules To Keep Six-Week Abortion Ban

Pro-life demonstrators (R) confront pro-
Washington, UNITED STATES: Pro-life demonstrators (R) confront pro-choice counterparts (L) 23 January 2006 in Washington, DC, as tens of thousands of pro-life and pro-choice opponents rally marking the 33rd anniversary of the Supreme Court ruling on abortion. Abortion has been legal in the United States since the Supreme Court's decision in Roe v. Wade on 22 January 1973. AFP PHOTO/Karen BLEIER (Photo credit should read KAREN BLEIER/AFP via Getty Images)
(Photo credit should read KAREN BLEIER/AFP via Getty Images)

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.


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 that the measure was “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. 

Since 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 maintain that they will “keep fighting to have the ban overturned.”

The law permits late 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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