Georgia high court restores state's 6-week 'heartbeat' abortion law

The Georgia Supreme Court connected Monday stopped a little court’s ruling from past week that allowed abortions up to 22 weeks, arsenic opposed to six weeks, arsenic it considers an entreaty filed by the state.

The bid from the authorities Supreme Court came a week aft Fulton County Superior Court Judge Robert McBurney ruled that abortions indispensable beryllium regulated the mode they were earlier the "Heartbeat Law" went into effect, meaning abortions could beryllium allowed until the 22-week mark.

The Associated Press reported that Justice John J. Ellington argued against McBurney’s ruling, saying the lawsuit "should not beryllium predetermined successful the State’s favour earlier the entreaty is adjacent docketed."

"The State should not beryllium successful the concern of enforcing laws that person been determined to interruption cardinal rights guaranteed to millions of individuals nether the Georgia Constitution," Ellington wrote. "The ‘status quo’ that should beryllium maintained is the authorities of the instrumentality earlier the challenged laws took effect."

GEORGIA JUDGE OVERTURNS STATE'S 6-WEEK ‘HEARTBEAT’ ABORTION LAW, CALLS IT ‘UNCONSTITUTIONAL’

The Georgia Supreme Court reinstated a erstwhile termination instrumentality blocking abortions from taking spot aft six weeks connected Monday, overturning a erstwhile court's determination from past week. (Stefani Reynolds/AFP via Getty Images)

Gov. Brian Kemp, a Republican, signed the "Heartbeat" termination bill, besides known arsenic the Living Infants Fairness and Equality Act, into instrumentality successful 2019. The instrumentality made abortions aft the six-week people illegal.

McBurney called the instrumentality "unconstitutional."

"The authors of our Constitutions, authorities and federal, entrusted to aboriginal generations a charter protecting the close of each persons to bask liberty arsenic we larn its meaning," McBurney wrote successful his last bid past week. "A reappraisal of our higher courts' interpretations of ‘liberty’ demonstrates that liberty successful Georgia includes successful its meaning, successful its protections, and successful its bundle of rights the powerfulness of a pistillate to power her ain body, to determine what happens to it and successful it, and to cull authorities interference with her healthcare choices.

GEORGIA GOV BRIAN KEMP SIGNS CONTROVERSIAL 'HEARTBEAT' BILL INTO LAW

A determination from Fulton County Superior Court Judge Robert McBurney past week meant abortions could beryllium allowed until the 22-week mark. (AP Photo/Ben Gray/File)

"That powerfulness is not, however, unlimited," the justice added. "When a fetus increasing wrong a pistillate reaches viability, erstwhile nine tin presume attraction and work for that abstracted life, past – and lone past – whitethorn nine intervene."

McBurney continued by saying a instrumentality that prevents abortions aft six weeks was inconsistent with those rights arsenic good arsenic the due equilibrium that a viability regularisation establishes betwixt a woman’s rights and society’s interests successful protecting and caring for unborn infants.

There were exceptions written into the instrumentality Kemp signed successful 2019, including rape and incest arsenic agelong arsenic a constabulary study was filed.

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Republican Gov. Brian Kemp of Georgia signed the "Heartbeat" termination measure into instrumentality successful 2019. (Fox News - Paul Steinhauser)

The instrumentality signed by Kemp was blocked by a national justice successful October 2019 – earlier it went into effect – and ruled it violated the close to termination arsenic established by Roe v. Wade successful 1973.

The Supreme Court past overturned Roe v. Wade successful June 2022, clearing the mode for Georgia’s instrumentality connected termination to spell into effect.

McBurney, successful November 2022, ruled the instrumentality was "unequivocally unconstitutional" due to the fact that it was enacted successful 2019 erstwhile Roe v. Wade allowed abortions aft six weeks.

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But successful October 2023, the Georgia Supreme Court rejected the ruling successful a 6-1 decision, saying McBurney was wrong.

McBurney’s ruling past week determined that the state, county, municipal and different section authorities are "enjoined" from seeking to enforce the six-week termination law.

The Associated Press contributed to this report.