Georgia Supreme Court reinstates 6-week ‘heartbeat’ law

CNA Staff, Oct 7, 2024 / 19:15 pm

The Georgia Supreme Court reinstated on Monday the state’s heartbeat law, a six-week limit on abortion known as the “LIFE Act,” after a trial court judge overturned it last week. 

The state Supreme Court in a 6 to 1 majority reinstated the heartbeat law pending ongoing litigation surrounding the law. Last week, Georgia Attorney General Chris Carr requested a stay of the rule blocking the heartbeat law, pending appeal.

A six-week abortion limit is often called a heartbeat law, named because it protects unborn babies after fetal cardiac activity is detectable. The order went into effect at 5 p.m. on Oct. 7 in Georgia, protecting unborn babies if they have a detectable heartbeat. 

Claire Bartlett, executive director of the pro-life advocacy group Georgia Life Alliance, told CNA that she expects the Georgia Supreme Court “to fully uphold the LIFE Act.”

“From the very beginning, the LIFE Act sought to strike a careful balance of recognizing the difficult circumstances women find themselves in with the basic right to life of a unique, living unborn child,” Bartlett said. 

A trial court ruling on Sept. 30 overturned the heartbeat law on the grounds of liberty and privacy in the Georgia Constitution. 

Carr promptly appealed the decision in a legal motion on Wednesday, saying in the motion that “there is nothing legally private about ending the life of an unborn child.” Carr filed the emergency petition for supersedeas in the ongoing case, The State of Georgia v. SisterSong Women of Color Reproductive Justice Collective. The state Supreme Court is reinstating the law as the appeal is ongoing. 

Fulton County Superior Court Judge Robert McBurney ruled last week that the state’s constitutional right to liberty included decisions about abortion. 

In a 26-page ruling, McBurney said the six-week law and any pre-viability abortion restrictions are arbitrary and unconstitutional. He said the state could only restrict abortion after viability — usually at about 23 or 24 weeks. Any restrictions before that violate a women’s right to liberty and privacy, McBurney said.

The definition of liberty, he wrote, includes “the power of a woman to control her own body, to decide what happens to it and in it, and to reject state interference with her health care choices.”

“When Judge McBurney issued his opinion and order last Friday, his ruling was not based in reality, much less law,” Bartlett said.

The Georgia Catholic bishops of Savannah and Atlanta called the heartbeat law’s overturn a “terrible step backwards” in a statement shared with CNA last week. 

“Yesterday’s ruling to overturn Georgia’s abortion ban represents a terrible step backwards in our never-ending efforts to recognize and respect the inherent dignity of every life,” the bishops said in a joint statement. “How many tiny lives will be extinguished while lawyers appeal and lawmakers debate?”

The Archdiocese of Atlanta declined to comment further but noted in a statement last week that it “remain[s] committed to helping mothers and fathers facing crisis pregnancies as well as their precious babies.”

“We will advocate for laws to protect those in the margins. We can foster a culture of life in our families and communities. We can demonstrate how sacred each life is in the eyes of God,” the bishops said. 

In the state Supreme Court dissenting opinion, Justice John Ellington argued that “the state should not be in the business of enforcing laws that have been determined to violate fundamental rights guaranteed to millions of individuals under the Georgia Constitution.”

The Living Infants Fairness and Equality (LIFE) Act was initially passed in 2019, but McBurney blocked it, citing Roe v. Wade. After Roe v. Wade’s overturn, the Georgia Supreme Court overruled the decision, allowing the law to take effect in 2022. 

False claims about Georgia abortion law

The Georgia abortion law recently came under fire from Democrat presidential candidate and current vice president Kamala Harris, who promulgated a false claim that the Georgia abortion law had caused the death of two women, Amber Thurman, 28, and Candi Miller, 41.

The left-leaning news outlet ProPublica published several stories blaming the LIFE Act for their deaths. The two women died from infections caused by complications after taking abortion pills. 

The deaths of Thurman and Miller were “tragic,” Bartlett noted, and Georgia law was not to blame.

“In the case of Amber Thurman, her twin babies had already died due to the abortion pills she obtained out of state. She did not have pre- or post-medical care until she became fatally infected,” she said. “Her sad and tragic death had everything to do with lack of proper medical attention, not Georgia’s law.” 

“In the case of Candi Miller, medical protections had been removed by the Biden-Harris administration in their effort to proliferate abortion pill access,” Bartlett continued, noting that Miller had ordered the pills “online from an overseas provider.” 

In response to the dangers surrounding chemical abortions, Bartlett said that “we have a responsibility to pass protective legislation such as the Women’s Health and Safety Act, which restores the protections the Biden-Harris administration removed.” 

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These protections, she said, include “requiring a woman to see a medical provider in person for a complete medical history and a physical assessment to determine any risks” as well as requiring that abortions “only be performed by licensed physicians.” 

“We take a ‘Love Them Both’ approach” to these issues, Bartlett said. 

Bartlett noted that the LIFE Act “is a careful balance of protecting the basic human rights of an unborn child while meeting society where it is culturally.”

“The law protects the child once his or her heartbeat is detectable, which can be as early as four and a half weeks. The law protects the woman by offering exceptions for life of the mother’s medical emergency, rape, incest, or if the unborn child is deemed ‘incompatible with life,’” she said. “Under no circumstance under the law is treatment for a miscarriage, stillbirth, or ectopic pregnancy considered an abortion.”