Georgia’s Top Court Reinstates 6-Week Abortion Ban, Election Stakes Highlighted

Just one week after Fulton County Judge Robert McBurney notably overturned Georgia’s six-week abortion restriction, describing the decision as “absolutely epic,” the Georgia Supreme Court restored House Bill 481 on Monday, underscored the significant implications in the upcoming U.S. elections.

The Georgia Supreme Court, in a 6-1 vote, approved a stay requested by Republican Attorney General Christopher Carr, leading to the reinstatement of the so-called Living Infants Fairness and Equality (LIFE) Act at 5:00 pm on Monday. However, the court maintained the lower judge’s ruling that restricted broad access to abortion patients’ medical records as the legal proceedings continue.

“Our patients’ access to necessary reproductive healthcare has been unjustly removed once again,” expressed Kwajelyn Jackson, executive director of the Feminist Women’s Health Center, in a statement on Monday. “We are compelled to deny services to those needing abortion care past six weeks of pregnancy, denying them essential care we are fully equipped to provide, which can significantly impact their lives.”

“This ban has caused turmoil in the lives of Georgians, and our patients deserve better,” Jackson added. “The state of Georgia has decided to expose our community to these severe damages again, despite the lethal outcomes we’ve already seen. We remain committed to defending our patients’ health, rights, and dignity—whether it’s in our clinic, at the Capitol, through the courts, or in the community.”

Groups like the ACLU of Georgia, the Center for Reproductive Rights, Planned Parenthood Federation of America, and several Georgia-based law firms have legally contested H.B. 481 on behalf of Jackson’s organization and other providers including Planned Parenthood Southeast and SisterSong Women of Color Reproductive Justice Collective.

“Today’s decision is a stark example of the lengths to which anti-abortion legislators and judges will go to deprive Georgians of their fundamental rights,” highlighted Jaylen Black, vice president of communications and marketing at Planned Parenthood Southeast. “As our state and region deal with the aftermath of Hurricane Helene and hazardous air quality, their focus remains on inflicting more harm instead of prioritizing urgent recovery efforts. They continuously prioritize their political agendas over our health and well-being.”

The Georgia statute, which bans abortions once cardiac activity is detected—often before many individuals realize they are pregnant—is among the strictest in the nation, enacted in the wake of the U.S. Supreme Court’s conservative majority overturning Roe v. Wade in June 2022.

Reproductive rights have become a crucial issue in the 2024 election cycle, impacting races from local to presidential levels. Former Republican President Donald Trump has both boasted about his role in appointing the justices who reversed Roe and attempted to distance himself from the most extreme abortion restrictions.

Conversely, Democratic Vice President Kamala Harris has vocally supported reproductive rights and criticized her opponent’s stance on the issue, including in a recent speech in Georgia and during an appearance on the Call Her Daddy podcast, which predominantly attracts young American female listeners.

In her September speech, Harris honored the memory of Georgia women whose deaths, according to health experts, were “preventable” and directly linked to the state’s stringent abortion laws. The recent court ruling has also been criticized for contributing to these tragedies.

“Today, the Georgia Supreme Court aligned itself with anti-abortion extremists. Every moment this oppressive six-week abortion ban is active, Georgians suffer,” stated Monica Simpson, executive director of SisterSong. “Denying our community members vital care endangers their lives, safety, and health—all for political power and control over our bodies. This decision is unconscionable, especially following the deaths of Amber Nicole Thurman and Candi Miller, two Black women who would still be alive if not for this ban.”

“This ban is deeply rooted in white supremacy and exacerbates an already critical situation in Georgia, where Black women face over twice the risk of dying from pregnancy complications compared to their white counterparts, largely due to a lack of Medicaid expansion, a shortage of OB-GYNs, and longstanding disparities in the healthcare system,” Simpson added. “Despite overwhelming evidence of its deadly impact, the court sided with those intent on limiting our access to care rather than ensuring our ability to live and thrive.”

Simpson emphasized, “Now is the time for everyone to channel their anguish 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 decision by underlining the urgency of electing officials like Harris and her running mate, Minnesota Gov. Tim Walz, in the upcoming election.

“Amber Thurman and Candi Miller lost their lives because of this abortion restriction,” she declared on social media. “We fight back in their memory and for the countless other women nationwide whose freedoms are at stake. There are 29 days left to elect leaders who will address this crisis, starting with VP Harris and Gov. Walz.”