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Future of Georgia's 'Heartbeat Law' faces new hurdle after state Supreme Court ruling

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Published  February 20, 2025 9:12pm EST
Abortion Laws
FOX 5 Atlanta

The Brief

    • The Georgia Supreme Court vacated a lower court's ruling on the state's "heartbeat law," sending the case back to Fulton County Superior Court to reassess the plaintiffs' legal standing.
    • The "heartbeat law," signed in 2019, bans most abortions after six weeks and came into effect in July 2022 after Roe v. Wade was overturned.
    • The recent Wasserman v. Franklin County decision eliminated third-party standing in Georgia courts, impacting the legal strategy of abortion rights advocates.

ATLANTA - Challengers to Georgia’s so-called "heartbeat law" abortion ban, which made it illegal to terminate a pregnancy in the Peach State after the six-week mark, may have to start all over again. 

The Georgia Supreme Court vacated the lower court’s ruling in the case and ordered the Fulton County Superior Court to reconsider the plaintiffs’ standing in light of a recent decision that eliminates third-party standing in Georgia courts.

The backstory:

The legal battle over Georgia's "heartbeat law" began when the state enacted a restrictive abortion ban in 2019, signed by Gov. Brian Kemp. This law prohibits most abortions after six weeks of pregnancy and came into effect in July 2022 following the U.S. Supreme Court's decision to overturn Roe v. Wade. In response, SisterSong Women of Color Reproductive Justice Collective and other abortion rights groups filed a lawsuit in 2022, arguing that the law violated a woman's right to privacy under Georgia's constitution. In November 2023, Fulton County Superior Court Judge Robert McBurney ruled the law unconstitutional, stating it infringed on women's rights to make personal medical decisions, and sought to reinstate the previous standard allowing abortions up to 22 weeks.

What we know:

The Georgia Supreme Court has vacated the lower court's ruling that blocked the state's abortion law, sending the case back to the Fulton County Superior Court for further review. In a 6-1 decision, the justices instructed Judge McBurney to reconsider the plaintiffs' legal standing in light of a recent decision, Wasserman v. Franklin County, which eliminated third-party standing in Georgia courts. The court emphasized that "a plaintiff may not maintain an action in Georgia courts by asserting only the rights of a third party and meeting the elements of the federal test."

What we don't know:

The future of the lawsuit remains uncertain. If Judge McBurney determines that the plaintiffs lack standing under the new legal framework, the case could be dismissed. This would force abortion rights advocates to restart the legal process if they wish to continue challenging the law. The court also instructed McBurney to reevaluate whether the plaintiffs have standing to sue on behalf of their patients or members.

Timeline:

  • 2019: Georgia's "heartbeat law" is signed by Governor Brian Kemp.
  • July 2022: The law takes effect after the U.S. Supreme Court overturns Roe v. Wade.
  • Nov. 2023: Judge McBurney rules the law unconstitutional.
  • Oct. 7, 2024: The Georgia Supreme Court issues an order partially granting the state's petition for supersedeas.
  • Jan. 28: The Wasserman v. Franklin County decision eliminates third-party standing in Georgia courts.
  • Recent: The Georgia Supreme Court vacates the lower court's ruling and sends the case back for further review.

What's next:

The case will return to the Fulton County Superior Court, where Judge McBurney will reassess the plaintiffs' standing under the new legal precedent. The outcome of this reassessment will determine whether the lawsuit can proceed or if abortion rights advocates will need to start over. The court's decision could have significant implications for the future of abortion rights in Georgia.

What they're saying:

The Georgia Supreme Court's ruling highlights the shift in legal standards regarding standing in state courts. The court stated, "Now that the federal doctrine of third-party standing is no longer a part of Georgia’s law of constitutional standing, a plaintiff may not maintain an action in Georgia courts by asserting only the rights of a third party and meeting the elements of the federal test."

The other side:

All justices concurred with the ruling except for Justice John Ellington, who dissented. Presiding Justice Nels S.D. Peterson was disqualified from the case, and Justice Andrew Pinson did not participate. The court's decision maintains the status quo while litigation continues, as the Oct. 7, 2024, order partially granting the state's petition for supersedeas remains in effect.

SEE ALSO: 

The Source: The Supreme Court of Georgia provided the details for this article by way of the ruling issued this week. Previous FOX 5 Atlanta reports were also used with links in the article above.

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