Georgia's New Abortion Law: What You Need To Know

On 30 September 2024, a Georgia judge struck down the state's six-week abortion ban, deeming it unconstitutional and blocking its enforcement. The ruling, which was made by Fulton County Superior Court Judge Robert McBurney, means that abortions in Georgia are now legal up until about 22 weeks of pregnancy. The six-week ban, known as the Life Act, was passed in 2019 and prohibited abortions once a fetal heartbeat was detected, which typically occurs around six weeks into a pregnancy. Many women are unaware that they are pregnant at this stage. The ruling has been praised by abortion rights supporters, but Georgia's Attorney General, Chris Carr, is expected to appeal the decision.

The Life Act

The law provides exceptions for abortions in cases of medical emergencies, medically futile pregnancies, and pregnancies resulting from rape or incest. It also specifies that procedures to remove a deceased fetus or an ectopic pregnancy do not constitute an abortion.

The US Supreme Court's overturning of Roe v. Wade in 2022

In 2022, the US Supreme Court overturned the landmark 1973 Roe v. Wade ruling, which had ensured a constitutional right to abortion for nearly 50 years. The Court's decision in Dobbs v. Jackson Women's Health Organization effectively returned to the states the right to regulate and even prohibit abortion.

The ruling in Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. (2022) overturned Roe v. Wade, holding that there was no right to abortion in the US Constitution. This rejection of almost 50 years of precedent gave individual states the authority to set their own abortion policies, with the power to regulate and even prohibit abortion access.

The Dobbs ruling was based on the argument that the only legitimate unenumerated rights—those not explicitly stated in the Constitution—are those ""deeply rooted in the Nation's history and tradition" and "implicit in the concept of ordered liberty". The majority opinion, written by Justice Samuel Alito, concluded that abortion is not such a right. This conclusion was reached by reviewing the history of abortion restrictions in the early United States.

The overturning of Roe v. Wade had an immediate impact on abortion laws across the country. Several states, including Georgia, had already passed so-called ""fetal heartbeat" laws or six-week abortion bans, which were allowed to take effect following the Dobbs ruling. These laws prohibit most abortions once cardiac activity is detected in the fetus, which can occur as early as six weeks into a pregnancy, before many women even know they are pregnant.

The US Supreme Court's decision to overturn Roe v. Wade was met with widespread disapproval from the American public, with a majority of Americans expressing their opposition to the ruling. The decision also sparked protests across the country, including in Georgia, with demonstrators rallying in support of abortion rights.

The impact of the Dobbs ruling extends beyond abortion access, calling into question other established rights such as contraception, same-sex marriage, and gender identity protections. The decision has had significant consequences for people seeking abortions, with reports of women dying due to a lack of access to safe and legal abortion services.

The Georgia Supreme Court's overturning of the Life Act

In November 2022, the six-week abortion ban was initially blocked by Fulton County Superior Court Judge Robert McBurney, who ruled that it violated the US Constitution. However, the Georgia Supreme Court reinstated the abortion ban and remanded the case back to the trial court. In October 2023, the Georgia Supreme Court upheld the six-week ban, stating that the trial court erred in relying on overruled decisions of the US Supreme Court.

On September 30, 2024, Judge McBurney once again struck down the Life Act, ruling that it violated the state constitution and Georgia's right to "liberty of privacy." He asserted that "liberty in Georgia" includes "the power of a woman to control her own body, to decide what happens to it and in it, and to reject state interference with her healthcare choices." This decision effectively allowed abortions in Georgia up to 22 weeks of pregnancy.

However, the Georgia Supreme Court quickly reinstated the six-week abortion ban during the appeal process. The court's ruling was praised by pro-life advocates but criticized by pro-abortion groups, reflecting the divisive nature of the abortion issue in Georgia and the United States. The state's Republican Attorney General, Chris Carr, has defended the ban and challenged the judge's ruling, highlighting the ongoing legal battle over abortion rights in Georgia.

The right to privacy in the Georgia Constitution

The right to privacy is enshrined in the Georgia Constitution, which states that "no person shall be deprived of life, liberty, or property except by due process of law". This right to privacy includes the right to make personal healthcare decisions without state interference.

In practice, this means that women in Georgia have the constitutional right to control their own bodies and decide what happens to them. This includes the right to choose whether or not to continue a pregnancy and to make decisions about their own healthcare.

Georgia's abortion laws have been the subject of much debate and legal challenge in recent years. In 2019, the state passed the LIFE Act, which prohibits most abortions once a foetal heartbeat is detected, which can be as early as six weeks into a pregnancy. This law was supported by Governor Brian Kemp and signed into effect. However, many women do not know they are pregnant at this stage, and there is limited scientific basis for the "heartbeat" standard. The law has faced ongoing legal challenges, with abortion rights supporters arguing that it violates the constitutional right to privacy.

In September 2024, a Georgia judge struck down the state's abortion law, ruling that it violates the state Constitution. The judge, Fulton County Superior Court Judge Robert McBurney, wrote that "liberty in Georgia includes... the power of a woman to control her own body, to decide what happens to it and in it, and to reject state interference with her healthcare choices". This ruling allows abortions to be performed in Georgia up to 20 weeks into a pregnancy, which was the law before the LIFE Act was passed.

The impact of abortion laws on maternal and infant mortality rates

Georgia's abortion law

Georgia's abortion law, also known as the Life Act, prohibits abortions after the detection of embryonic cardiac-cell activity, which typically occurs in the fifth or sixth week of pregnancy. The law includes exceptions for medical emergencies, medically futile pregnancies, and pregnancies resulting from rape or incest. However, it has been ruled unconstitutional by a Georgia superior court judge in September 2024, and abortions are now legal in Georgia up to about 22 weeks of pregnancy.

On the other hand, some studies suggest that restrictive abortion laws may be associated with a decreased risk of infant mortality. These laws may encourage women to carry their pregnancies to term, which can reduce the number of abortions and potentially improve infant health outcomes. However, it is important to consider the potential negative consequences of restrictive abortion laws on maternal health and well-being.

The impact of Georgia's abortion law

The impact of Georgia's abortion law on maternal and infant mortality rates is still being evaluated and studied. However, it is important to note that following the overturn of Roe v. Wade in 2022, the United States maternal and infant mortality rate rose for the first time in 20 years. Georgia was among the four states with statistically significant increases in infant mortality rates, along with Iowa, Missouri, and Texas. This suggests that restrictive abortion laws, such as those in Georgia, may have a detrimental impact on maternal and infant health outcomes.

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