New battles likely in 2023 for Georgia's 6-week abortion law H.B. 481

Abortion-rights supporters protest in Downtown Atlanta on a Saturday afternoon in May 2022 following the leak of this summer’s Supreme Court decision. (Logan Lockner/WABE)

Georgia could see more battles over its abortion restrictions in 2023. The state Supreme Court is expected to take up a lawsuit challenging House Bill 481, which bans abortion after around six weeks of pregnancy, when cardiac activity can be detected in the womb and before many women know they’re pregnant.

The lawsuit brought by the ACLU on behalf of Georgia advocacy groups and abortion providers was initially heard this fall in Fulton County Superior Court. 

After a two-day trial in Atlanta, Judge Robert McBurney ruled H.B. 481 was unenforceable because it was unconstitutional when it was originally passed and signed into law — in 2019, well before the United States Supreme Court decision this summer that overturned Roe v. Wade.