Georgia Supreme Court Allows Six-Week Abortion Ban to Remain in Effect as Legal Challenge Continues

October 24, 2023
Case: SisterSong v. State of Georgia / Affiliate: ACLU of Georgia

ATLANTA — The Georgia Supreme Court issued a ruling today that allows H.B. 481, a ban on abortion after approximately six weeks of pregnancy, to remain in effect. The court’s majority opinion disregards long-standing precedent that a law violating either the state or federal Constitution at the time of its enactment is void from the start under the Georgia Constitution. Georgia’s ban was blatantly unconstitutional when enacted in 2019 against the backdrop of Roe v. Wade and almost five decades of federal precedent, and therefore unenforceable, as the trial court found. But today’s ruling reversing the lower court’s decision concludes that the U.S. Supreme Court’s decision overturning Roe last year effectively erased that history.