Georgia Supreme Court's Temporary Stay on Abortion Ban Upheld Amid Appeal
ICARO Media Group
**Georgia Supreme Court Temporarily Reinstates Six-Week Abortion Ban Amid Appeal**
The Georgia Supreme Court has put a temporary hold on a lower court's decision that struck down the state’s restrictive abortion law. This halt comes as the court prepares to hear the state's appeal on the matter, following a significant ruling by Fulton County Superior Court Judge Robert McBurney just a week prior.
Judge McBurney determined on September 30 that Georgia’s near-ban on abortion, which prevents most abortions beyond roughly six weeks of pregnancy, violated privacy rights established under the state constitution. In his ruling, McBurney emphasized that these privacy rights encompass a woman’s ability to make personal health care decisions without state interference.
The law in question, signed by Republican Governor Brian Kemp in 2019, only went into effect after the US Supreme Court's decision in 2022 to overturn Roe v. Wade. The Georgia legislation bans abortions after the detection of "a detectable human heartbeat," around six weeks into pregnancy, a point at which many women may not even realize they are pregnant.
McBurney’s decision rolled back the restrictions to a previous law that permitted abortions up until the point of viability, typically between 22 to 24 weeks of pregnancy. He underlined that state intervention is only justified when a fetus reaches viability, where it could potentially survive outside the womb with societal support.
Governor Kemp, responding to McBurney’s ruling, asserted that the judge’s decision disregarded the will of Georgians and their elected representatives. Kemp voiced his belief that protecting unborn lives is an essential responsibility, signaling the state's commitment to defending the restrictive abortion statute.
Despite welcoming McBurney's decision, abortion providers and advocates in Georgia remain anxious, fearing that the ruling might soon be reversed. The stop by Georgia's Supreme Court underscores the ongoing legal battles and contentious debates surrounding abortion rights in the state.