The Georgia Supreme Court reinstated the state’s six-week abortion ban Monday, a week after a lower court judge overturned the controversial measure.

The court ordered the stay while it considers the state’s appeal of the lower court ruling.

The head of an anti-abortion organization praised the Supreme Court’s decision, which went into effect at 5 p.m. Monday. Planned Parenthood Southeast spokesman Jaylen Black called the ruling “an egregious example of how far anti-abortion lawmakers and judges will go to strip Georgians of their fundamental rights.” 

“Today’s decision by the Supreme Court is very good news,” Claire Bartlett, executive director of Georgia Life Alliance, told State Affairs. “But also it’s not surprising because when [Fulton County Superior Court Judge Robert] McBurney’s original order came through, we didn’t think his ruling was based in reality or law.”

McBurney struck down the ban Sept. 30, ruling it unconstitutional. State Attorney General Chris Carr quickly appealed. Abortion and reproductive rights advocates embraced McBurney’s decision, saying it upheld people’s constitutional right to privacy.

During the week the ban was lifted, state abortion clinics reported a surge in appointments. Planned Parenthood Southeast, for instance, said it served an increased number of patients last week from Georgia and outside the state seeking care. But Monday’s decision knocked the wind out of abortion advocates’ temporary victory.

“Every minute this harmful six-week abortion ban is in place, Georgians suffer,” Monica Simpson, executive director of SisterSong Women of Color Reproductive Justice Collective, said in a statement. “ Denying our community members the lifesaving care they deserve jeopardizes their lives, safety and health — all for the sake of power and control over our bodies. This decision is unconscionable, especially after the loss of Amber Nicole Thurman and Candi Miller, two Black women who would be here today had this ban not been in place.”

SisterSong is the lead plaintiff in a lawsuit filed by a group of doctors, reproductive rights advocates and abortion providers. The group sued Georgia in 2019 for trying to reduce the time allowed to seek abortions.

House Bill 481, which bans abortion once a fetal heartbeat is detected, was passed in 2019 and went into effect in July 2022. The bill is also known as the Living Infants Fairness and Equality, or LIFE Act.

State Rep. Lauren Daniel, R-Locust Grove, commended Monday’s Supreme Court decision.

She held a news conference last week with U.S. Rep. Rich McCormick, R-Ga., and state Sen. Ed Setzler, R-Acworth, about the “heartbeat bill.” Setzler was the lead sponsor of HB 481 when he was in the state House.

“The politically motivated rhetoric surrounding this issue is directly responsible for women hesitating to seek emergency care, and this behavior is inherently dangerous for all women in Georgia. My goal has always been to protect life by improving maternal and infant outcomes in Georgia,” Daniel said. “I commend Attorney General Chris Carr for appealing the decision to overturn Georgia’s LIFE Act and the Georgia Supreme Court for granting a stay while the courts further consider the measure.” 

Have questions, comments or tips? Contact Tammy Joyner on X @lvjoyner or at [email protected].

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