GEORGIA
Political control: Georgia has a Republican legislature and governor who support abortion restrictions, but all are up for election this November. Republicans are likely to retain legislative control, but there’s a possibility a Democrat could become governor.
Background: Georgia lawmakers in 2019 passed a law by one vote that would ban most abortions after about six weeks of pregnancy, when fetal cardiac activity can be detected. The measure is unlike other so-called “heartbeat” bills in that it also contains language designating a fetus as a person for certain state-law purposes such as income tax deductions and child support. A federal judge quickly put the law on hold, saying it was unconstitutional, and the state appealed to the 11th U.S. Circuit Court of Appeals. The 11th Circuit said it would wait to rule on the appeal pending a ruling by the U.S. Supreme Court in the Mississippi case.
Effect of Supreme Court ruling: The day the Supreme Court overturned Roe v. Wade, Georgia’s attorney general asked the 11th Circuit to reverse the lower court’s ruling and allow the state’s abortion law to take effect. That same day, the 11th Circuit directed the parties to file briefs within three weeks addressing what effect, if any, the Supreme Court decision has on the Georgia appeal. If the law takes effect, it would ban the large majority of abortions that currently take place in Georgia – about 87%, according to providers. The change could happen in the middle of tightly contested races in Georgia for governor and U.S. Senate. Democratic U.S. Sen. Raphael Warnock and challenger for governor Stacey Abrams say they want to secure abortion rights. Republican Senate challenger Herschel Walker and incumbent Republican Gov. Brian Kemp support restrictions.
What’s next: Some Republican lawmakers and candidates want Georgia to go further and ban abortion entirely, but Kemp is unlikely to call a special session before this November’s general election. Lawmakers are likely to consider further action when they return for their annual session in January. The Legislature or courts will have to sort out whether the provisions designating a fetus as a person are workable.
