GEORGIA SUPREME COURT REJECTS CHALLENGE TO ABORTION LAW

McBurney continued, saying a law that prevents abortions after six weeks was inconsistent with those rights as well as the proper balance that a viability rule establishes between a woman’s rights and society’s interests in protecting and caring for unborn infants.

He then declared the “Life Act” as “unconstitutional.”

Georgia Gov. Brian Kemp, a Republican, signed the “Heartbeat” abortion bill, also known as the Living Infants Fairness and Equality Act,” into law in 2019. The law made abortions after the six-week mark illegal.

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There were exceptions written into the law, including rape and incest, as long as a police report was filed. Another exception to the law allowed for abortions after six weeks if the mother’s life was at risk or if a serious medical condition rendered a fetus inviable.

The law signed by Kemp was blocked by a federal judge in October 2019 — before it went into effect — and ruled it violated the right to abortion established by Roe. v. Wade in 1973.

The Supreme Court overturned Roe v. Wade in June 2022, which cleared the way for Georgia’s law on abortion to go into effect.

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McBurney, in November 2022, ruled the law was “unequivocally unconstitutional” because it was enacted in 2019 when Roe v. Wade allowed abortions after six weeks.

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

“When the United States Supreme Court overrules its own precedent interpreting the United States Constitution, we are then obligated to apply the Court’s new interpretation of the Constitution’s meaning on matters of federal constitutional law,” Justice Verda Colvin wrote for the majority.

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McBurney’s ruling on Monday stated that the state, county, municipal and other local authorities are “enjoined” from seeking to enforce the six-week abortion law.

The Associated Press contributed to this report.