The Georgia Supreme Court reinstated a law prohibiting abortion this Monday (7). Last week, a lower court judge had blocked the measure, considering it unconstitutional and could no longer be applied.
Georgia’s attorney general appealed the judge’s decision and asked that the law be reinstated during the appeals process.
Monday’s Supreme Court decision is temporary, but will remain in effect until the court hears arguments from both sides and issues a final ruling.
Understand the law
The law bans almost all abortions after a “human heartbeat” is detected, which typically happens around six weeks, before many women know they are pregnant.
The legislation was passed in 2019 but did not take effect until the U.S. Supreme Court reversed Roe v. Wade in 2022. Wade, a decision that guaranteed abortion rights across the country.
Fulton County Superior Court Judge Robert McBurney blocked the law on September 30, concluding that it violated women’s rights to privacy and liberty guaranteed by the state Constitution.
In his order last week, the judge wrote that women “are not collectively owned community property whose disposition is decided by majority vote” and concluded that the state could only restrict abortion after fetal viability.
McBurney had previously blocked a November 2022 abortion ban on narrower grounds, but the state Supreme Court quickly overturned that ruling and sent the case back to the judge for trial.
*with information from Reuters
This content was originally published in Georgia Supreme Court reestablishes law banning abortion in the state on the CNN Brasil website.
Source: CNN Brasil
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