Georgia Supreme Court hears arguments over state abortion ban

The Nathan Deal Judicial Center, where the Georgia Supreme Court heard arguments today about the legality of the state's abortion restrictions. Justices have six weeks to issue a decision. (Matthew Pearson/WABE)

The fate of Georgia’s abortion ban could now rest in the hands of the Georgia Supreme Court. The court heard oral arguments Tuesday in a lawsuit challenging the ban on abortions after about six weeks of pregnancy.

WABE health reporter Jess Mador joined “All Things Considered” to explain each side’s positions.

According to Mador, the ACLU is arguing on behalf of abortion-rights groups and physicians that the ban violates the state Constitution because it passed in 2019, when Roe v. Wade still protected abortion access.

Plaintiffs and attorney Julia Stone, partner with Caplan Cobb LLC, who argued Tuesday for the abortion-rights side. (Photo credit Matt Pearson)

The attorney general’s office argues that since Roe is now overturned, it shouldn’t retroactively invalidate Georgia’s abortion law, and it should remain in effect.

Whatever the outcome of the case, ACLU of Georgia Executive Director Andrea Young says it’s not the end of plaintiffs’ fight for abortion access.

State Rep. Ed Setzler, key author of Georgia’s six week abortion ban H.B. 481.

“We will continue to pursue every avenue available in the courts, in the legislature, in the streets, and of course in the voting booth.”

The state Supreme Court now has up to six months to issue a decision.