ATLANTA — Georgia’s Republican attorney general has appealed a judge’s ruling that struck down the state’s abortion ban.
Attorney General Chris Carr’s office is asking the Georgia Supreme Court to reinstate the law banning most abortions after the first six weeks or so of pregnancy while the court considers the state’s appeal.
Fulton County Superior Court Judge Robert McBurney ruled Monday that the ban in place since 2022 violated women’s rights to liberty and privacy under Georgia’s state constitution. His decision rolled back abortion limits in the state to a prior law that allowed abortions until viability, roughly 22 to 24 weeks into a pregnancy.
Some Georgia clinic officials said they would begin accepting patients whose pregnancies are past six weeks’ gestation, though they’re aware the ban could be reimposed quickly.
Carr’s office noted in its notice of appeal filed Tuesday that the case goes straight to Georgia’s highest court because it involves a challenge to the constitutionality of a state law.
The judge’s ruling left 13 U.S. states with bans on abortion at all stages of pregnancy and three that bar them after the first six weeks or so of pregnancy.
The state of Georgia has been at the center of a heated debate over abortion rights in recent years, with lawmakers passing a controversial ban on most abortions after six weeks of pregnancy in 2019. However, this ban was recently struck down by a federal judge, leading to an appeal by Georgia Attorney General Chris Carr.
The ban, known as the “heartbeat bill,” was one of the most restrictive abortion laws in the country and faced strong opposition from reproductive rights advocates. The law prohibited abortions once a fetal heartbeat could be detected, which typically occurs around six weeks into a pregnancy – often before many women even realize they are pregnant.
In his ruling, U.S. District Judge Steve C. Jones stated that the ban violated the constitutional right to access abortion established by the landmark Supreme Court decision in Roe v. Wade. He also noted that the law would cause irreparable harm to women seeking abortions in Georgia.
Following the judge’s decision, Attorney General Chris Carr announced that he would appeal the ruling, arguing that the state has a legitimate interest in protecting the lives of unborn children. Carr stated, “We will appeal the court’s decision because this law is constitutional and essential to protecting the sanctity of life.”
The appeal will now be heard by the 11th Circuit Court of Appeals, where the fate of the controversial abortion ban will ultimately be decided. The outcome of this case could have far-reaching implications for reproductive rights in Georgia and beyond.
Reproductive rights advocates have praised the judge’s decision to strike down the ban, arguing that it was a victory for women’s health and autonomy. They have also expressed concerns about the potential consequences of allowing such restrictive abortion laws to stand.
As the legal battle over Georgia’s abortion ban continues to unfold, it is clear that the issue of reproductive rights remains a deeply divisive and contentious one. The outcome of this case will undoubtedly have a significant impact on the future of abortion access in Georgia and could set a precedent for other states grappling with similar laws.
