On Monday, the Georgia Supreme Court reinstated the state’s six-week abortion limit, commonly referred to as the "heartbeat law," following its brief overturn by a trial court. Known as the "LIFE Act," the law prohibits abortions after fetal cardiac activity is detectable, typically around six weeks. The court's 6-1 majority decision to reinstate the law came as litigation surrounding the issue continues.
Last week, Georgia Attorney General Chris Carr appealed a trial court ruling that blocked the heartbeat law, citing a constitutional right to liberty and privacy under the Georgia Constitution. Carr argued in his appeal that ending the life of an unborn child should not be protected under privacy rights. The state Supreme Court’s order went into effect at 5 p.m. on October 7, effectively reinstating the law while the case continues to be litigated.
Claire Bartlett, executive director of Georgia Life Alliance, expressed optimism about the law's future, stating her belief that the court would uphold the LIFE Act. Bartlett emphasized the law’s balanced approach, which she said both recognizes women’s difficult circumstances and protects unborn children.
Fulton County Superior Court Judge Robert McBurney, in his September 30 ruling, had overturned the law, deeming it unconstitutional before fetal viability. He argued that abortion restrictions before 23-24 weeks violated women’s liberty and privacy rights. McBurney’s ruling was immediately met with opposition from pro-life advocates and Georgia bishops, who described the decision as a “terrible step backwards” in efforts to protect the dignity of life.
The ongoing legal battle is set against a backdrop of national debates on abortion, with the Georgia LIFE Act initially passed in 2019 but delayed due to legal challenges. With Roe v. Wade overturned, Georgia’s heartbeat law was permitted to take effect in 2022 before being challenged again this year.
In a related controversy, pro-life advocates have refuted claims that the Georgia law contributed to the deaths of two women, as highlighted by Vice President Kamala Harris and news outlet ProPublica. Bartlett noted that the tragic deaths were due to a lack of proper medical care following the use of abortion pills, not Georgia’s law.
Bartlett emphasized the need for stronger protections surrounding chemical abortions, advocating for the Women’s Health and Safety Act, which would restore medical safeguards removed by the Biden-Harris administration.