The Georgia Supreme Court has rejected a lower court ruling that the state’s restrictive abortion law was invalid, leaving limited access to abortions unchanged for now
The Georgia Supreme Court on Tuesday rejected a lower court ruling that the state's restrictive abortion law was invalid, leaving limited access to abortions unchanged for now. Fulton County Superior Court Judge Robert McBurney said last November that the ban was “unequivocally unconstitutional” because it was enacted in 2019, when Roe v. Wade allowed abortions well past six weeks.
McBurney had said the law was void from the start, and therefore, the measure did not become law when it was enacted and could not become law even after the U.S. Supreme Court overturned Roe v. Wade last year. State officials challenging that decision noted the Supreme Court’s finding that Roe v. Wade was an incorrect interpretation of the U.S. Constitution. Because the Constitution remained the same, Georgia’s ban was valid when it was enacted, they argued.
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