Georgia Abortion Ban Lifted; State Supreme Court to Decide \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ A Georgia judge overturned the state’s six-week abortion ban, citing privacy and liberty rights. The decision faces an appeal, with the Georgia Supreme Court likely to decide the ban’s future. The ruling has implications for abortion travel patterns across the Southern U.S., where most states have strict bans.
Georgia Abortion Ban Overturned: Quick Looks
- Judge Overturns Ban: Georgia judge Robert McBurney struck down the state’s six-week abortion ban, citing constitutional violations.
- Privacy and Liberty Rights: The ruling asserts women’s rights to privacy and bodily autonomy under Georgia’s state constitution.
- Current Status: Abortions are now allowed until about 22-24 weeks of pregnancy in Georgia.
- Gov. Kemp’s Response: Governor Brian Kemp criticized the ruling, claiming it disregarded Georgia’s legislative will.
- Pending Appeal: The state Attorney General plans to appeal to the Georgia Supreme Court, which could reinstate the ban.
- Impact on Clinics: Georgia clinics will temporarily offer abortions beyond six weeks, though they anticipate potential reinstatement.
- Southern States Context: Georgia is now an outlier in the South, where most states maintain stringent abortion bans.
- Political Spotlight: Abortion remains a major issue in Georgia ahead of the 2024 presidential election.
Deep Look
A Georgia judge struck down the state’s six-week abortion ban this week, igniting both praise from abortion rights advocates and outrage from opponents. The ruling by Fulton County Superior Court Judge Robert McBurney, who found the ban unconstitutional under Georgia’s state charter, faces an almost immediate challenge from the state’s highest court, with an appeal pending that could quickly reinstate the restrictions. The decision could change not only access for residents of Georgia but also affect travel patterns for those seeking abortions throughout the Southern U.S., where restrictive bans are the norm.
What Was the Ruling?
Judge Robert McBurney ruled on Monday that Georgia’s abortion law, which effectively banned abortions after six weeks of pregnancy, violated the state constitution’s guarantees of liberty and privacy for women. Under this law, abortions were prohibited once cardiac activity could be detected in the embryo’s cells, typically around six weeks—a point at which many women are still unaware they are pregnant.
McBurney’s decision was clear: Georgia’s law infringed on the liberty of a woman to make decisions about her body without state interference. He also highlighted that the right to privacy under Georgia’s constitution encompasses personal healthcare choices, including the choice to seek an abortion. Consequently, McBurney ruled that the state must revert to its previous abortion law, which allowed abortions up until fetal viability, generally defined as around 22 to 24 weeks’ gestation.
This ruling was not McBurney’s first regarding Georgia’s controversial abortion restrictions. In 2022, he declared the six-week ban invalid on the grounds that it was enacted while Roe v. Wade was still the prevailing law of the land, making such legislation unconstitutional at the time. However, the Georgia Supreme Court later overturned that decision, instructing McBurney to reconsider other legal arguments posed by abortion providers. This opened the door for his most recent ruling.
What’s Next in the Courts?
Georgia’s Republican Governor, Brian Kemp, reacted strongly to the ruling, accusing the judge of undermining the democratic will of Georgia’s citizens. “Once again, the will of Georgians and their representatives has been overruled by the personal beliefs of one judge,” Kemp stated.
Republican Attorney General Chris Carr announced plans to appeal the decision immediately, requesting that the Georgia Supreme Court put the ruling on hold while the appeal process is underway. The state’s high court is known for swift action; in November 2022, it took just over a week to reinstate the ban after McBurney first struck it down.
Advocates on both sides of the debate recognize that this latest ruling may only be temporary. The Georgia Supreme Court, dominated by conservative-leaning justices, could once again reinstate the six-week ban, leaving the future of abortion access in Georgia uncertain.
What Does This Mean for People Seeking Abortions?
For now, the ruling allows abortions in Georgia up until about 22 to 24 weeks of pregnancy, restoring the broader access that was available prior to the enactment of the six-week ban. Clinics across the state have already begun scheduling patients who are beyond six weeks’ gestation, acknowledging that this opportunity may be brief, depending on the outcome of the state’s appeal.
The difference could be significant. Before the six-week ban took effect, there were roughly 4,400 abortions performed each month in Georgia. Since the ban, that number has decreased to about 2,400 monthly, according to estimates from the Society of Family Planning. The temporary lift of the ban could allow more women to access abortion services without having to leave the state.
The ban’s removal could also alleviate pressure on clinics in neighboring states, particularly North Carolina. Since Georgia implemented the six-week restriction, North Carolina has been a primary destination for many seeking abortions later in pregnancy. According to estimates from the Guttmacher Institute, nearly 6,000 Georgia residents traveled to North Carolina for abortions last year alone. If Georgia’s broader access is maintained, the need for such travel could diminish, helping ease the strain on clinics in surrounding regions.
How Does Georgia Fit into the National Abortion Landscape?
The majority of Southern states have imposed strict abortion bans, many of which are even more restrictive than the law recently overturned in Georgia. States like Alabama, Mississippi, Tennessee, and Kentucky all maintain bans that restrict abortion access at almost all stages of pregnancy, making Georgia an outlier in the region for as long as the ban remains lifted. This puts Georgia in a unique position—it could temporarily become a destination for people in neighboring states who need abortion services beyond six weeks of pregnancy.
However, the future remains uncertain. The Georgia Supreme Court could reinstate the six-week ban in a matter of days or weeks, which would once again curtail access and push women to seek services out of state. Even so, the decision has thrust Georgia back into the national spotlight on the issue of abortion, adding a critical dimension to the already contentious political landscape as the 2024 presidential election draws nearer.
Georgia’s role in the national debate over abortion rights has been heightened by the actions of political figures on both sides. Democratic presidential nominee Kamala Harris recently traveled to Georgia, drawing attention to a report that claimed two women in the state died after complications from taking abortion pills. Harris used the occasion to criticize her Republican opponent, former President Donald Trump, for his role in appointing conservative justices to the U.S. Supreme Court, which ultimately led to the overturning of Roe v. Wade and paved the way for states to impose their own restrictive bans.
The significance of the Georgia ruling cannot be understated, particularly in a region dominated by abortion bans. With McBurney’s decision, the number of states with a complete ban on abortion at all stages of pregnancy now stands at 13, while three others, including Georgia, have bans starting around six weeks of pregnancy. As the political and legal battles continue, Georgia remains a battleground for reproductive rights, with far-reaching consequences for women throughout the South.
