A lawsuit challenging Georgia's near-ban on abortion is returning to a trial court to determine the legal standing of those seeking to overturn the law. The Georgia Supreme Court voted 6-1 to require a re-examination of standing issues, following a recent decision that altered the state law on who can sue.
Meanwhile, a ruling by Fulton County Superior Court Judge Robert McBurney from September, which struck down the abortion law, remains on hold. The recent court ruling clarified that only individuals and groups directly affected by the law can bring a lawsuit in Georgia state courts, overturning a previous rule allowing third parties to sue on behalf of others.
The lead plaintiff, SisterSong Women of Color Reproductive Justice Collective, has not yet commented on the recent development. The organization's lawyers at the American Civil Liberties Union of Georgia also refrained from providing immediate feedback on the ruling.
Judge McBurney's previous ruling in September deemed Georgia's abortion restrictions unconstitutional, as they prohibited abortions beyond approximately six weeks of pregnancy. The judge argued that privacy rights under Georgia’s state constitution encompass the right to make personal healthcare decisions.
The controversial law, signed by Governor Brian Kemp in 2019, is part of a series of restrictive abortion measures enacted in Republican-controlled states following the U.S. Supreme Court's decision to overturn Roe v. Wade in 2022, eliminating the national right to abortion. The law prohibits most abortions once a “detectable human heartbeat” is present, typically around six weeks into a pregnancy.
Currently, twelve U.S. states enforce bans on abortion at all stages of pregnancy, with four states prohibiting abortions around the sixth week of pregnancy. In a recent development, voters in Missouri overturned a near-total ban on abortions in November, leading to the resumption of abortion services in the state last week.
Judge McBurney emphasized in his ruling that the concept of liberty in Georgia includes a woman's right to control her own body, make decisions regarding her healthcare, and reject state interference in her healthcare choices. He stated that society may only intervene when a fetus reaches viability and when society can assume care and responsibility for the separate life.
Under the previous law in Georgia, abortions were permitted until viability, typically around 22 to 24 weeks into a pregnancy.
