In a significant legal development, the Georgia Supreme Court reinstated the state’s near-ban on abortions while it reviews an appeal from the Attorney General’s office.
This order comes just a week after Fulton County Superior Court Judge Robert McBurney ruled that Georgia’s prohibition of abortions after approximately six weeks is unconstitutional, infringing on privacy rights under the state constitution.
Judge McBurney’s decision, issued on Sept. 30, acknowledged that many women may not even be aware of their pregnancy by the six-week mark, effectively limiting their right to make personal healthcare decisions.
However, the state Supreme Court’s ruling puts this judgment on hold at the request of Republican Attorney General Chris Carr, who is appealing McBurney’s ruling.
Justice John J. Ellington dissented, expressing concern that the state should not be allowed to enforce laws deemed unconstitutional prior to a full appeal.
“The State should not be in the business of enforcing laws that have been determined to violate fundamental rights guaranteed to millions of individuals under the Georgia Constitution,” he stated.
Ellington argued for maintaining the legal status quo before the ban was implemented.
Clare Bartlett, executive director of the Georgia Life Alliance, supported the Supreme Court’s decision, suggesting that the ruling was necessary to prevent women from other states from traveling to Georgia for surgical abortions.
She stated the belief that there is no right to privacy in the abortion process, citing the need to protect the rights of the unborn.
Conversely, Monica Simpson, executive director of SisterSong Women of Color Reproductive Justice Collective, criticized the high court for siding with anti-abortion advocates.
As a plaintiff challenging the state law, Simpson stated:
“Every minute this harmful six-week abortion ban is in place, Georgians suffer.”
She further emphasized that denying access to abortion care jeopardizes the health and safety of community members.
As the Georgia Supreme Court prepares to hear the appeal, the future of the state’s abortion policies remains uncertain, drawing significant attention from both supporters and opponents of the law.
