Georgia Supreme Court reinstates law allowing abortion up to six weeks

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

In a one-page order issued Wednesday, the court overturned a lower court’s decision to block the Georgia law. The Supreme Court’s order staying the case means the law is reinstated while the court considers an appeal on the merits from Georgia Attorney General Chris Carr.

The Fulton County Superior Court ruled this month that the law violated the US Constitution when it was enacted 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 pass their own abortion laws.

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A small group of protesters sit on the steps of the Georgia state capitol after 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 abortions before viability.” 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.
(Elijah Nouvelage/Getty Images)

PRO-CHOICE ACTIVISTS SEE ABORTION ‘WINNING ISSUE’ IN GA SENATE RACE, DESPITE PRO-LIFE GOBIER’S WIN

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

Herschel Walker, Republican candidate for the United States Senate
(Alex Wong/Getty Images)

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

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The second round will take place on Tuesday, December 6.

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