Analyzing the Georgia Supreme Court's decision on six-week abortion ban

October 24th, 2023

(Photo Credit: Supreme Court of Georgia)

In a reversal of a previous judge’s ruling, the Georgia Supreme Court upheld the state’s six-week abortion ban. The details of the ban are outlined in Georgia House Bill 481, also called the Living Infants Fairness and Equality (LIFE) Act.

Constitutional law professor Anthony Michael Kreis from Georgia State University joined “Closer Look” on Tuesday to analyze the court’s decision shortly after it was announced.

He explained today’s ruling is not about a fundamental decision on the right to an abortion and clarified that this is a procedural issue.

“A decision based on who gets to decide what constitutional law is and who gets to legislate and when, and what kind of safeguards are there between the legislature and the courts,” said Kreis.

“That’s going to be something that will continue to have litigation down the road,” Kreis added.

Statements celebrating and opposing the ruling were almost immediate from state leaders.

“Today’s ruling is not the end of this fight for women’s healthcare,” Andrea Young, executive director of the ACLU of Georgia, said in a statement.

“Be clear, the right to abortion is on the ballot in 2024. Gov. Brian Kemp and the Georgia legislature acted to take away our rights. The Georgia legislature can restore our rights, and we must organize to elect a pro-choice legislature.”

Governor Brian Kemp also released a statement: “I applaud Justice Colvin and the Georgia Supreme Court for ruling today that our written Constitution controls over judge-made law. Today’s victory represents one more step towards ending this litigation and ensuring the lives of Georgians at all ages are protected.”