Highlighting Election Stakes, Top Georgia Court Revives 6-Week Abortion Ban

Just a week after Fulton County Judge Robert McBurney struck down Georgia's six-week abortion ban with an "absolutely epic ruling," the state Supreme Court on Monday reinstated House Bill 481, demonstrating what's at stake in next month's U.S. elections.

In a 6-1 decision, the Georgia Supreme Court granted a stay sought by Republican state Attorney General Christopher Carr. The so-called Living Infants Fairness and Equality (LIFE) Act took effect again at 5:00 pm on Monday. The high court left in place the judge's decision to block prosecutors' broad access to abortion patients' medical records as the case proceeds.

"It is cruel that our patients' ability to access the reproductive healthcare they need has been taken away yet again," said Kwajelyn Jackson, executive director of Feminist Women's Health Center, in a Monday statement. "Once again, we are being forced to turn away those in need of abortion care beyond six weeks of pregnancy and deny them care that we are fully capable of providing to change their lives."

"This ban has wreaked havoc on Georgians' lives, and our patients deserve better," she continued. "The state of Georgia has chosen to subject our community to those devastating harms once again, even in light of the deadly consequences we have already witnessed. We will keep fighting to protect our patients, their health, their rights, and their dignity—in the clinic, in the Capitol, in the courts, and in the community."

The state and national ACLU, the Center for Reproductive Rights, Planned Parenthood Federation of America, and Georgia-based law firms have challenged H.B. 481 on behalf of Jackson's group as well as multiple providers and organizations including Planned Parenthood Southeast and SisterSong Women of Color Reproductive Justice Collective.

"Today's ruling is an egregious example of how far anti-abortion lawmakers and judges will go to strip Georgians of their fundamental rights," stressed Jaylen Black, vice president of communications and marketing of Planned Parenthood Southeast. "As our state and region have been battered by Hurricane Helene and chemically polluted air quality, they're focused on causing more harm rather than prioritizing time-sensitive recovery efforts. At every turn, they choose to put their own agendas above our health and well-being."

The Georgia law—which prohibits abortion after cardiac activity can be detected, which is before many people even know they are pregnant—is one of several strict bans that have been enacted or allowed to take effect since the U.S. Supreme Court's right-wing majority reversedRoe v. Wade in June 2022.

Reproductive freedom has been a key topic of the 2024 election cycle, at all levels of politics, including and especially the presidential contest. Former Republican President Donald Trump has bragged about appointing half the justices who overturned Roe but also unsuccessfully tried to distance himself from the most extreme abortion bans.

Meanwhile, Democratic Vice President Kamala Harris has repeatedly stressed her support for reproductive freedom and attacked her opponent for his role in rolling it back, including in a speech in Georgia last month and a Sunday appearance on Call Her Daddy, a podcast whose primary audience is younger American women.

During Harris' September speech, she paid tribute to Georgia women whose deaths health experts have said were "preventable" and the result of the state's six-week abortion ban. Critics of the high court's new ruling also pointed to their deaths.

"Today, the Georgia Supreme Court sided with anti-abortion extremists. Every minute this harmful six-week abortion ban is in place, Georgians suffer," asserted SisterSong executive director Monica Simpson. "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."

"This ban is rooted in white supremacy and intensifies an already dire situation in Georgia, where Black women are more than twice as likely to die from pregnancy complications compared to white women, largely due to the absence of Medicaid expansion, a shortage of OB-GYNs, and a healthcare system rife with inequities since its founding," she continued. "Despite all evidence that this ban is killing us, the court sided with those more interested in limiting our access to care than seeing us live and thrive."

Simpson declared that "now, we need everyone to turn their pain into action and vote with these issues in mind this November."

Mini Timmaraju, president and CEO of Reproductive Freedom for All, also responded to the Georgia high court's ruling by emphasizing the importance of electing Harris and her running mate, Minnesota Gov. Tim Walz, next month.

"Amber Thurman and Candi Miller died because of this abortion ban," she said on social media. "We fight back in their memory and the countless other women across the country who have their freedoms at risk. 29 days until we elect repro champions to fix this mess starting with VP Harris and Gov. Walz."