Georgia Supreme Court Reinstates Six-Week Abortion Ban Amid Ongoing Legal Challenge

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ICARO Media Group
Politics
07/10/2024 19h15

This reinstatement, effective 5 p.m. local time, once again restricts most abortions in Georgia beyond six weeks of pregnancy.

However, the Supreme Court left intact the lower court's ruling that blocked a different provision of the law. This provision had allowed state prosecutors extensive access to the medical records of abortion patients without necessary due process protections.

The six-week abortion ban, known as the LIFE Act, was originally signed into law by Republican Governor Brian Kemp in 2019. Its enforcement was delayed until July 2022 due to legal challenges and the Supreme Court’s reversal of Roe v. Wade. The LIFE Act prohibits abortions once a fetal heartbeat is detected, which can be as early as six weeks into pregnancy—often before many women even realize they are pregnant. The law includes exceptions for certain cases, such as to protect the mother's health or if a fetal anomaly is detected.

Last week, Fulton County Superior Court Judge Robert McBurney struck down the six-week ban, temporarily allowing abortions up to 22 weeks of pregnancy. In his decision, Judge McBurney emphasized that the concept of "liberty" in Georgia encompasses a woman's right to make autonomous decisions regarding her body and healthcare. He noted that this power is not without limits; societal intervention is permitted only when the fetus reaches viability.

The Georgia Supreme Court's latest ruling comes as Democrats in the state have spotlighted the abortion issue. The recent deaths of two Black women, Amber Nicole Thurman and Candi Miller, after complications from abortion pills, have been central to the debate. Reports indicated that the restrictive law contributed to both women's hesitancy in seeking timely medical help, leading to preventable deaths as determined by a state board.

Reproductive rights advocates have harshly criticized the Supreme Court’s decision. Kwajelyn Jackson, executive director of the Feminist Women's Health Center, stated, "It is cruel that our patients' ability to access the reproductive health care they need has been taken away yet again." Planned Parenthood Southeast spokesperson Jaylen Black called the ruling "an egregious example of how far anti-abortion lawmakers and judges will go to strip Georgians of their fundamental rights," further adding that the ban has already resulted in tragic, preventable deaths and will continue to cause harm.

As the state supreme court deliberates the appeal, uncertainty looms large over the future of abortion care access in Georgia.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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