SAVANNAH, Ga. (WSAV) – Georgia’s restrictive abortion law will remain in effect after the Georgia State Supreme Court rejected a lower court ruling Tuesday that the law was invalid.
Last November, Fulton County Superior Court Judge Robert McBurney said the ban was “unconstitutional” because it was enacted in 2019, when Roe v. Wade allowed abortions well past six weeks.
Georgia’s law bans most abortions after roughly six weeks.
The Georgia Supreme Court in a 6-1 decision said McBurney was wrong.
Gov. Brian Kemp praised the decision, saying:
“I applaud Justice Colvin and the Georgia Supreme Court for ruling today that our written Constitution controls over judge-made law. Today’s victory represents one more step towards ending this litigation and ensuring the lives of Georgians at all ages are protected.”
Meanwhile, Democrats including Georgia Sen. Jon Ossoff are calling on the governor to repeal the abortion ban, saying it strips women of their autonomy and worsens the state’s women’s health crisis.
“More than half of Georgia counties have no OB/GYN, and we have one of the worst maternal mortality rates in the country,” he added.
The ruling does not change abortion access in Georgia and is not the last word on the state’s ban.
The Associated Press contributed to this report