Georgia abortion ban remains in effect after state Supreme Court ruling
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People march in Atlanta during a protest against the U.S. Supreme Court's ruling overturning Roe v. Wade. Photo: Elijah Nouvelage/Getty Images
Georgia's abortion ban will remain in effect after the state Supreme Court on Tuesday reversed a lower court's previous decision that it was unconstitutional.
Driving the news: The state's highest court sent the lawsuit back to Fulton County Superior Court on Tuesday morning, where the fight over the anti-abortion law will continue.
- Abortion rights advocates plan to continue challenging the law using other legal arguments, including whether it violates Georgians' constitutional rights to privacy and equal protection.
Why it matters: The state law, which took effect in 2022, prohibits abortions once cardiac activity has been detected in an embryo — generally at about six weeks, which is before many people know that they are pregnant.
- Since the law went into effect, Georgia's monthly abortion totals dropped by roughly half, according to the Society of Family Planning.
Catch up quick: SisterSong Women of Color Reproductive Justice Collective and other plaintiffs argued in court last spring that the anti-abortion law was void when passed because Roe v. Wade had been in effect at the time.
- The state argued then that the law was indeed constitutional because the 2022 Dobbs decision found Roe v. Wade had been wrong the whole time, and the federal constitution never changed.
The latest: In a 6-1 decision, a majority of justices agreed with the state.
- "When the United States Supreme Court overrules its own precedent interpreting the United States Constitution, we are then obligated to apply the Court's new interpretation of the Constitution's meaning on matters of federal constitutional law," Justice Verda Colvin wrote for the majority.
- "Doing so 'is not an act of judgment on our part' but rather a simple 'act of obedience,' which is required of us by virtue of our position in the constitutional order."
What they're saying: "Every day, people are suffering under these extreme abortion bans imposed by lawmakers who know nothing about healthcare and the realities of pregnancy," said Alice Wang, a staff attorney at the Center for Reproductive Rights, which is part of the coalition challenging the law, in a statement Tuesday.
- "But we refuse to back down—we will keep fighting to protect Georgians' fundamental rights."
The other side: The Georgia Life Alliance, which helped draft the bill, called it a "huge win for life" on Tuesday.
- Gov. Brian Kemp, whose support was instrumental in getting the bill passed, applauded the ruling in a statement calling it "one more step towards ending this litigation and ensuring the lives of Georgians at all ages are protected."
Editor's note: This story has been corrected to reflect Georgia's anti-abortion law went into effect following the Dobbs decision, both of which happened in 2022, not 2021.
