Georgia Supreme Court Upholds State's 6-Week Abortion Ban, Sends Case Back to Lower Court for Further Deliberation

Strict abortion law enacted in 2019 reinstated, restricting access amid growing state-by-state abortion battle; case returns to lower court to determine constitutionality.

The Georgia Supreme Court has upheld the state's six-week abortion ban, reversing a lower court's 2022 decision that deemed the law unconstitutional. This ruling comes amid increasing state-by-state battles over abortion laws.
The law, which became one of the strictest in the country when enacted by Gov. Brian Kemp in 2019, will now return to the lower court for further deliberation on whether it violates rights within the state's constitution.
The current law bans abortion after six weeks, the earliest point at which fetal cardiac electrical activity can be detected, with few exceptions – among them, instances where the pregnant person's life is at risk, or cases of rape and incest, given a police report is filed.
The ruling has drawn polarized reactions, with Gov. Kemp and his Republican attorney general praising the decision, while others, including Planned Parenthood Southeast Advocates, decried the move as devastating, forcing Georgians to travel across state lines or grapple with unwanted pregnancy outcomes.
The contentious battle over abortion access escalated after the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization ruling made control over abortion laws a state issue. As a result, abortion is now heavily restricted or outright banned in 18 states.