Georgia Supreme Court reinstates law allowing abortion up to six weeks

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The Georgia Supreme Court on Wednesday temporarily reinstated a state law that allows abortions through the first six weeks of pregnancy.

In a one-page ruling issued Wednesday, the court overturned a lower court’s decision to block the Georgia law. The Supreme Court’s order to stay the case means the law will be reinstated while the court hears an appeal on the merits by Georgia Attorney General Chris Carr.

The Superior Court of Fulton County ruled this month that the law violated the US Constitution when it was passed by the state legislature three years ago. It was blocked for three years until the US Supreme Court overturned Roe v. Wade in June, freeing states to enact their own abortion laws.

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A small group of protesters sit on the steps of the Georgia State Capitol following the overturning of Roe v. Wade on June 26, 2022.

A small group of protesters sit on the steps of the Georgia State Capitol following the overturning of Roe v. Wade on June 26, 2022.
(AP Photo/Ben Gray, File)

Fulton County Superior Court Judge Robert McBurney said in his Nov. 15 opinion that when the law was signed by Georgia Gov. Brian Kemp, “everywhere in America, including Georgia, it was unequivocally unconstitutional for governments—federal, state, or local—to ban pre-viability abortions.” Carr immediately appealed to the state Supreme Court.

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Republican Gov. Brian Kemp speaks at a news conference on Nov. 7, 2022, in Atlanta.

Republican Gov. Brian Kemp speaks at a news conference on Nov. 7, 2022, in Atlanta.
(Elijah Nouvelage/Getty Images)

PRO-CHOICE ACTIVITIES SEE ABORTION ‘WINNING ISSUE’ IN GA SENATE DECISION DESPITE PRO-LIFE GOV’S LANDSLIDE VICTORY

Fox News Digital reported Wednesday that Democrats, who focused on abortion for months ahead of the midterm elections, failed to unseat Kemp, one of the most pro-life governors in the country. But in Runoff from the Georgia Senate between Republican Herschel Walker and incumbent Democrat Raphael Warnock, the issue is still seen as a deciding factor.

Republican US Senate candidate Herschel Walker

Republican US Senate candidate Herschel Walker
(Alex Wong/Getty Images)

A Fox News poll from late October, conducted before the election, found that inflation was the most important issue for Georgians at 38% – up from 28% in July. Among those who worry about inflation, Walker was ahead with 43 points. Abortion was the most important issue for 18% of voters and electoral integrity topped at 12%, with Warnock leading both groups by at least 40 points.

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The run-off election will take place on Tuesday 6 December.

Fox News’s Paul Best, Aubrie Spady and Thomas Phippen contributed to this report.

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