Georgia asks court to immediately reinstate abortion ban

Fulton County Superior Court Judge Robert McBurney’s decision earlier this week was “remarkable” and relied on a “wholly unsupported theory that has no basis in law, precedent, or common sense,” the state attorney general’s office said in court documents filed with the Georgia Supreme Court.

It asked the high court for an order immediately putting McBurney’s decision on hold while the justices take more time to consider an appeal. Such an order would restore the state’s ban on abortion, which started roughly six weeks into pregnancy.

“This Court should stay the lower court’s decision now, without waiting to overrule it months down the line, while untold numbers of unborn children suffer the permanent consequences,” Georgia Solicitor General Stephen Petrany wrote.

McBurney ruled Tuesday that the state’s abortion ban was invalid because when it was signed into law in 2019, U.S. Supreme Court precedent under Roe. v. Wade and another ruling allowed abortion well past six weeks.

The decision immediately prohibited enforcement of the abortion ban statewide. It had been in effect since July and prohibited most abortions once a “detectable human heartbeat” was present.

Cardiac activity can be detected by ultrasound in cells within an embryo that will eventually become the heart around six weeks into a pregnancy. That means most abortions in Georgia were effectively banned at a point before many people knew they were pregnant.

Abortion providers said they resumed performing the procedure past six weeks following McBurney’s ruling.