Georgia's Supreme Court on Monday reinstated the state's six-week abortion ban after a lower court ruled it unconstitutional.
In a Sept. 30 ruling, Fulton County Superior Court Judge Robert McBurney ruled that the six-week ban violates the state constitution, which protects women from obtaining abortions up to the point of viability. claimed to be recognized. State Supreme Court's New rulingThe ruling, scheduled to take place Monday at 5 p.m. EDT, imposed an indefinite stay while the state considers an appeal of the lower court's ruling.
“The State of Georgia's Supersedious Emergency Petition to Stay the Order of Fulton County Superior Court in the Type of Action Above Is Hereby Granted with Respect to OCGA § 16-12-141, except that with respect to OCGA § 16-12. -141 (f),” the judgment reads. “The State of Georgia's Emergency Petition against Super Sedias seeking a stay of the order of the Fulton County Superior Court in the above type of litigation is hereby granted with respect to OCGA § 31-9B-3(a). As long as the petition seeks a “stop”, the motion will be dismissed as invalid. ”
🚨🚨BREAKING: The Georgia Supreme Court just issued an order reinstating the Heartbeat Bill.
Georgia currently protects lives starting at 6 weeks of age.
This rescinds Judge Fulton's previous order allowing the killing of unborn children up to 22 weeks of age. pic.twitter.com/6svYSeWNio
— Clareanneath (@clareanneath) October 7, 2024
In a dissenting opinion, Judge John J. Ellington said the state failed to provide a reason for an immediate injunction against the lower court's decision, according to the ruling.
Reversal of previous six-week ban allows abortions up to about 20 weeks of pregnancy, NBC News reported. Georgia Attorney General Chris Carr announced that he will immediately appeal the lower court's decision to the state Supreme Court in an attempt to halt the issue. (Related: 'We'll keep fighting': Georgia governor promises appeal after federal judge strikes down heartbeat law)
Republican Georgia Governor Brian Kemp signed The six-week limit became law in May 2019 and officially took effect in 2022 after the U.S. Supreme Court overturned Roe v. Wade. The law prohibits abortions when a fetal heartbeat is detected (which occurs around six weeks into pregnancy) and allows for exceptions to save the mother's life.
The state Supreme Court upheld the law once in October 2023 after a lower court ruled it unconstitutional.
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