ATLANTA — The Georgia Supreme Court ruled on Tuesday that the state law banning abortions after six weeks can remain intact pending further legal action by a lower court.
In the majority opinion, Justice Verda Colvin disagreed with Fulton County Judge Robert McBurney’s decision in November to overturn the ban on abortions after six weeks.
Therefore, the court is sending the case back to Fulton County for the judge to address each part of the law and determine its constitutionality.
This is a developing story. Channel 2 Action News will have reaction from both supporters and opponents of the heartbeat law throughout the day.
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The heartbeat abortion law has been in legal battles since Gov. Brian Kemp first signed it in 2019. The courts made several key rulings on the law last year.
On July 20, 2022, a federal appeals court judge ruled the state’s heartbeat abortion law was allowed to take effect immediately. The move came weeks after the U.S. Supreme Court overturned Roe v. Wade.
On Nov. 15, 2022, a Fulton County Superior Court judge overturned Georgia’s six-week ban on abortions, ruling that it violated the U.S. Constitution and U.S. Supreme Court precedent when it was passed and signed into law. Overturning the law meant abortions were allowed again until 22 weeks of pregnancy.
Georgia Attorney General Chris Carr filed an immediate appeal with the Georgia Supreme Court. Carr’s office also asked the high court for an order putting the decision on hold while the appeal was pending.
On Nov. 23, 2022, the Georgia Supreme Court granted an emergency stay of the lower’s court’s ruling, which allowed the heartbeat abortion law to go into effect again as the state’s appeals continue.
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