The Georgia Supreme Court docket upheld the state’s six-week abortion ban on Tuesday, voiding sure provisions of the Living Infants Fairness and Equality (LIFE) Act. The LIFE Act established sure limitations and provisions surrounding entry to abortion inside the state of Georgia.
The Supreme Court docket discovered that the trial courtroom erred in overturning the LIFE Act by “counting on since-overruled United States Supreme Court docket selections decoding the US Structure when figuring out that the LIFE Act was void ab initio.” The courtroom remanded the case again right down to the trial courtroom for them to find out if the six-week ban “violates the due course of, equal-protection, and/or inherent-rights provision of the Georgia Structure.”
The LIFE Act was handed earlier than the US Supreme Court docket’s choice in Dobbs v. Jackson Women’s Health Organization, which overruled Roe v. Wade, a 1973 choice which supplied constitutional safety to a person’s proper to an abortion. As a result of the act was handed one yr earlier than Dobbs, the decrease courtroom overruled sure provisions. The LIFE Act bans abortions from the purpose that cardiac exercise is detected, which could be as early as six weeks. The act additionally requires medical doctors to find out the presence of a heartbeat earlier than they carry out an abortion. Underneath the act, medical doctors would even be required to report back to the Division of Public Well being in the event that they do carry out an abortion.
The LIFE Act was originally approved by the Georgia Common Meeting again in March 2019, however was struck down by a federal courtroom for being unconstitutional in July 2020. In July 2022, the US Court docket of Appeals for the Eleventh Circuit overturned the decrease federal courtroom ruling, reinstating the LIFE Act. The Eleventh Circuit cited to Dobbs, discovering that there’s “no proper to abortion…underneath the Structure.” Due to this fact, the courtroom allowed Georgia to ban abortions. Shortly after in November 2022, a Georgia state decide overturned the LIFE Act, but once more, for being unconstitutional. The identical month the Georgia Supreme Court docket reinstated the LIFE Act, it was appealed.
The case will now return to the trial courts for them to find out the rest of the case.