Georgia Supreme Court Reinstates Six-Week Abortion Ban

Abortion has been a hot topic of conversation—and controversy—since Roe v. Wade was overturned in 2022 (Legoktm/Wikimedia Commons)

On October 7 at 5:00 p.m., a ruling in Georgia returned the state to its prior abortion ban, thus preventing abortion after approximately six weeks of pregnancy, which is before most people know they are pregnant. With minimal exceptions, this ban acts as a template for pro-life advocates attempting to make similar laws across the nation, and, in contrast, becoming a major concern for pro-choice believers who felt hope in the one-week departure from this rule.

Georgia House Bill 481

In 2019, Georgia House Bill 481, previously known as the Living Infants Fairness Equality Act, was passed. This was the first bill put in place that would allow prosecutors to file a criminal charge against women who receive abortions, sometimes even including those who miscarry. The main shift in this bill that contrasted past legislation was the expansion of “abortion” to include self-termination. This granted full legal personhood to fetuses once a heartbeat could be detected, which is around six weeks. These changes erased the distinction between humans and fetuses, therefore allowing women who receive an abortion to face murder charges. Georgian women could now face imprisonment for between 10 years to life, a major difference from the previous rulings that rarely threatened women if they were willing to testify against the medical professional completing the operation. Additionally, this bill allowed prosecutors access to abortion patients private medical records without any notice or subpoena.

SisterSong v. State of Georgia

On June 26, 2022, a group of Georgia physicians, reproductive health care providers, and advocates filed a lawsuit to the Superior Court of Fulton County against House Bill 481. The suit came just one week after the Federal Appeals Court first allowed the bill to be implemented in the state. This led to an immediate halt of medical aid, completely dismissing the standard 28-day notice period. The group filed the lawsuit on the basis that in 2019 when it was passed it violated federal constitution precedent and the extreme privacy protection in other contexts in Georgia. This was followed by a constitutional challenge focused on the lack of privacy caused by the opening of medical records without due process.

Moving Through the Courts

SisterSong v. State of Georgia was first decided at the beginning of October in the Fulton County Superior Court under Judge Robert McBurney. McBurney’s ruling struck down House Bill 481, with the reasoning that if the state is unable to support the additional lives resulting from the law. He stated, "The balance of rights favors the woman." The decision read that the Georgia Constitution prohibits political interference with abortions in the state, and if the law was kept in place it would damage citizens of the state. Within a week, the Supreme Court of Georgia issued a contrasting ruling, which reinstated the six week abortion ban. While the appeal is still proceeding in the Supreme Court, the ban is expected to remain indefinitely.

Exceptions

The Georgia Supreme Court's reversal of the ban did not reinstate the full access prosecutors would have to the medical files of someone who has recieved an abortion. Although the rest of House Bill 481 is still intact, this shift removes most of the unconstitutionality the SisterSong case used to back its argument. As implemented today, the Georgia abortion ban explains that “no abortion shall be performed if the unborn child has a detectable human heartbeat” except in the event of a medical emergency or cases involving rape or incest providing a police report has been filed. In cases of these exceptions, the fetus must be 20 weeks or less to permit an abortion.

The Georgian ban is most likely here to stay as many members of their state government have shown support for the recent return. With the election around the corner, this ban is just one of many controversial pieces of legislation that will factor into the local and statewide races. The nation will be watching to see if this change makes a difference in Georgia’s future this November.