Legal Challenge to Georgia Abortion Law Faces New Roadblock

Legal Challenge to Georgia Abortion Law Faces New Roadblock \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ The Georgia Supreme Court ruled 6-1 to send a lawsuit challenging the state’s six-week abortion ban back to a trial court to determine if plaintiffs have legal standing to sue. The decision stems from a recent change in Georgia law, which now limits who can bring lawsuits in state courts. This ruling delays potential relief for women and healthcare providers, leaving the restrictive 2019 abortion law in place for now. Reproductive rights advocates vow to continue their fight, warning of the harm caused by abortion restrictions.

Georgia Abortion Ban Lawsuit: Quick Looks

• Supreme Court Sends Case Back: The Georgia Supreme Court ruled 6-1 that a trial court must reconsider whether plaintiffs have legal standing to sue.
• Abortion Ban Remains in Effect: The six-week abortion ban stays in place as legal proceedings continue, delaying potential relief for women and healthcare providers.
• Legal Standing Rule Changed: A January ruling now limits who can file lawsuits in Georgia, making it harder for advocacy groups to challenge laws on behalf of others.
• Judge McBurney’s Ruling on Hold: Fulton County Judge Robert McBurney had previously struck down the law, citing privacy protections under the Georgia Constitution.
• Abortion Rights Advocates Speak Out: SisterSong and ACLU Georgia warn that the delay increases risks for women, calling it an injustice and a threat to reproductive rights.
• Impact of Georgia’s Abortion Ban: The 2019 law signed by Gov. Brian Kemp bans most abortions after six weeks, when cardiac activity is detected in an embryo.
• National Abortion Landscape: 12 states now have total abortion bans, while 4 states enforce bans at six weeks; Missouri voters recently overturned their near-total ban.
• What’s Next? Judge McBurney must determine if plaintiffs meet new legal standing rules; if not, the lawsuit could be dismissed, leaving the ban intact indefinitely.

Deep Look

Legal Challenge Sent Back to Trial Court

A Georgia Supreme Court ruling on Thursday has further delayed a lawsuit challenging the state’s near-total abortion ban, requiring the trial court to re-examine whether plaintiffs have standing to sue.

The court’s 6-1 decision follows a January ruling that changed state law, limiting lawsuits to only those whose rights are directly affected. This shift in legal precedent could make it more difficult for advocacy groups to challenge laws on behalf of others.

As a result, Fulton County Superior Court Judge Robert McBurney’s previous ruling, which struck down the law in September 2023, remains on hold.

“This ruling has further delayed any possibility of justice for women and families in our state,” said Andrea Young, executive director of the American Civil Liberties Union (ACLU) of Georgia.

“This is not just a procedural delay,” added Monica Simpson, executive director of lead plaintiff SisterSong Women of Color Reproductive Justice Collective. “Every day the abortion ban remains in effect, it puts our families and communities in danger and doubles down on white supremacy.”

Georgia’s Abortion Law and the Legal Battle

Georgia’s abortion law, signed by Republican Gov. Brian Kemp in 2019, is one of several restrictive measures enacted by Republican-controlled states after the U.S. Supreme Court overturned Roe v. Wade in 2022.

• The law bans most abortions after approximately six weeks, once a “detectable human heartbeat” is present.
• At six weeks, cardiac activity can be detected in embryonic cells that will develop into a heart, even though the fetus is not yet viable.
• Judge McBurney originally struck down the law, arguing that the Georgia Constitution protects privacy rights, including the right to make personal healthcare decisions.

McBurney’s ruling echoed the previous Georgia law, which allowed abortions until viability—typically between 22 and 24 weeks of pregnancy.

“Liberty in Georgia includes in its protections the power of a woman to control her own body, to decide what happens to it, and to reject state interference with her healthcare choices,” McBurney wrote.

His decision was immediately appealed by state officials, keeping the abortion ban in place while litigation continues.

How Georgia’s Standing Law Change Affects the Case

The Georgia Supreme Court’s decision centers on a January ruling that significantly narrowed the definition of legal standing in state courts.

Previously, third parties could sue on behalf of affected individuals—a standard often used by civil rights and advocacy groups.

Now, only those whose rights are directly at stake can challenge state laws, potentially limiting future legal actions against government policies.

The latest ruling requires Judge McBurney to reassess whether the plaintiffs—including advocacy groups like SisterSong—meet the new legal requirements to sue.

If they fail to establish standing, the lawsuit could be dismissed entirely.

Impact of the Georgia Abortion Ban

Georgia’s six-week abortion ban remains in effect, adding to the growing number of states enforcing strict abortion restrictions post-Roe.

• 12 states now ban abortion at all stages of pregnancy.
• 4 states ban abortion at six weeks.
• Missouri voters overturned a near-total abortion ban in November 2024, leading to the resumption of abortion services last week.

“When a fetus reaches viability, society can assume care and responsibility for that separate life. Until then, a woman should have the right to decide,” McBurney wrote in his September ruling.

Reproductive rights activists warn that delays in legal proceedings are endangering women’s health, forcing many to travel out of state for abortion services or seek unsafe alternatives.

What’s Next?

• Trial Court Review: Judge McBurney must now determine whether the plaintiffs have standing to sue under the new legal standard.
• Possible Dismissal: If the court rules that plaintiffs lack standing, the lawsuit could be dismissed, allowing the abortion ban to remain in place indefinitely.
• New Legal Strategy? Plaintiffs may need to find new individuals directly affected by the ban to re-file their challenge.
• Legislative Action: Advocates may push for a statewide ballot initiative to restore abortion rights, as seen in Missouri and other states.

For now, abortion remains restricted in Georgia, with the legal fight far from over.

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