The Gist

On Wednesday women in Georgia seeking an abortion after six weeks could have one. Thursday, not the case.

A Georgia federal judge on Wednesday cleared the way for a 2019 state law banning most abortions after six weeks into pregnancy, an expected move that will most certainly force many women seeking the procedure to clinics outside of the state, say pro-choice advocates.

What’s Happening

Most abortions – save for medical emergencies and in cases of rape or incest – will be banned “immediately” in Georgia following the 11th Circuit Court of Appeals decision to toss aside a lawsuit challenging the ban, said Georgia Attorney General Chris Carr.

The U.S. Supreme Court’s June 24 ruling on Roe “makes it clear that no right to abortion exists under the Constitution, so Georgia may prohibit them,” the Circuit Court judges wrote in their opinion.

The appeals court’s expected ruling comes less than a month after the Supreme Court overturned the landmark Roe v. Wade decision, effectively wiping out any legal arguments pro-abortion rights advocates had to block the Georgia ban.

The ban had been tied up in court since July 2019, shortly after Republican Gov. Brian Kemp signed the so-called “fetal heartbeat” bill. It bans abortions in Georgia after a fetus has a “detectable human heartbeat” – defined at six weeks into pregnancy. The ban does not apply to mothers at risk of dying from pregnancy, unborn babies declared medically incapable of surviving, and police-documented cases of rape or incest. In those cases, abortions are still allowed up to 20 weeks into pregnancy.

Georgia Reacts

Backlash came swiftly Wednesday from pro-abortion rights advocates in Georgia, including representatives from the nonprofit SisterSong Women of Color Reproductive Justice Collective, one of several groups that have sued to block the ban.

“Abortion bans hurt Black women and queer and trans families the most,” said Monica Simpson, SisterSong’s executive director. “We will continue to fight until everyone has full bodily autonomy.”

Click the image above to read about how Georgia women seeking abortions out of state could face stiff fees for procedures in North Carolina and Florida amid rising costs for abortion pills and surgeries in recent years. (Credit: Joy Spears Walstrum via Canva)

Georgia Democratic leaders also slammed the ruling and its Republican backers, framing the loss of abortion rights in Georgia as a major campaign issue ahead of the November general election for statewide offices, including governor.

“In a state that is already first in maternal mortality, sixth highest in infant mortality, and one of 12 states that refuses to expand Medicaid and provide healthcare to low-income communities, this ruling cements the failures of [Kemp’s] administration and devastates the realities of women,” said Democratic gubernatorial nominee Stacey Abrams, who is running against Kemp.

Kemp, who ran for governor in 2018 on the promise to ban abortions, hailed the ruling Wednesday and highlighted other measures on parenting and adoptions that his administration has backed since 2019.

“Today’s decision by the 11th Circuit affirms our promise to protect life at all stages,” Kemp said. “Working with the General Assembly, we have made significant strides on several fronts such as expanding pregnancy and parental resources, extending health coverage to a full year for mothers after birth, improving the adoption system, and reforming foster care.”

Many Georgia woman seeking abortions may now travel hundreds of miles to clinics in neighboring states such as North Carolina and Florida where abortion remains legal. (Credit: Brittney Phan for State Affairs)

What’s Next?

Many Georgia women seeking abortions amid the ban will likely travel to neighboring states including North Carolina and Florida, which allow greater access to an abortion. Costs for abortions in those states could increase in the coming months as local clinics staff up to handle more demand and inflation continues driving up prices across many economic areas.

Legal experts are also waiting to assess the impact from a portion of the 2019 abortion ban that now considers a human fetus with a heartbeat to be considered a legal person in Georgia. Georgia constitutional law professor Anthony Michael Kreis called this aspect of the law “a radical departure from the status quo” that will likely bring “sweeping” consequences.

Roughly 317,000 abortions were performed in Georgia between 2010 and 2020, averaging around 28,000 abortions annually during that time, according to state health data. Roughly 20,600 abortions were performed on Black women in Georgia in 2020, more than triple the nearly 6,200 abortions performed on white women.

Stay Informed

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Read State Affairs’ coverage of abortion in Georgia:

“Costs Could Climb for Georgia Women Seeking Abortions as Court Scraps Roe v. Wade”

“Roe V. Wade Overturned: Will Georgia Be A Battleground For Reproductive Rights?”

“Abortion in Georgia is Still Legal, But What Happens When it’s not?”

“If Roe V. Wade Draft Decision Holds, Stricter Abortion Laws in GA Could Prevail”

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