Georgia Supreme Court hands procedural win to anti-abortion activists

Anti-abortion activists scored a victory this past week when the Georgia Supreme Court allowed the state’s restrictions on the procedure to remain in place while a judge considers challenges to a 2019 law.

The law bans abortions in most cases once a doctor can detect fetal cardiac activity, typically about six weeks into a pregnancy and before many know they are pregnant.

The court’s 6-1 decision rejected an argument made by abortion rights groups and providers maintaining that when the state Legislature passed the statute, the U.S. Supreme Court’s 1973 ruling in Roe v. Wade was still the law of the land, guaranteeing a right to abortion until a fetus was viable outside the mother’s body. The state constitution does not allow the Legislature to enact statutes that violate the law.

The state successfully countered by arguing that it didn’t matter that the fetal cardiac law was not constitutional when the General Assembly approved it because it is now in line with the U.S. Supreme Court’s ruling last year in Dobbs v. Jackson Women’s Health Organization that overturned Roe.

Claire Bartlett, executive director of the anti-abortion Georgia Life Alliance, called the ruling a “huge win” while acknowledging that the legal fight is not over.

“We’re thrilled to pieces about the news,” she said. “The battle continues as it goes back to (Fulton Superior) Judge Robert McBurney for determination of their claim that there’s a right under the Georgia Constitution to abortion, which in our reading it does not. But we shall see.”

Andrea Young, executive director of the American Civil Liberties Union of Georgia — which represented the abortion rights groups in court — said her organization will continue working to overturn the abortion law.

But the fight won’t be limited to the court system, she said.

“Be clear, the right to abortion is on the ballot in 2024,” Young said. “Gov. Brian Kemp and the Georgia Legislature acted to take away our rights. The Georgia Legislature can restore our rights, and we must organize to elect a prochoice Legislature.”

McBurney will now weigh other arguments over the constitutionality of the law. It’s unclear when he will issue a ruling.