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State of Ga.v.SisterSong Women of Color Reproductive Justice Collective

CourtSupreme Court of Georgia
Docket No.S23A0421
DecidedOctober 24, 2023
Reporter317 Ga. 528; 894 S.E.2d 1; 2023 Ga. LEXIS 234
JudgesCOLVIN, Justice. All the Justices concur, except Ellington, J., who dissents, Peterson, P. J., disqualified, and Pinson, J., not participating.
Tags
CivilConstitutional LawAbortion LawLIFE ActVoid ab InitioDue ProcessGeorgia Privacy Rights
Case Summary

Georgia’s 2019 LIFE Act barred most abortions after embryonic cardiac activity could be detected and required providers to report which statutory exception justified an abortion performed after a heartbeat was detected. After Dobbs overruled Roe and Casey, SisterSong and other plaintiffs sued in Fulton County, arguing the provisions were void from enactment under the federal law then in force and independently violated Georgia’s Constitution. The trial court declared the provisions void ab initio based on Roe and Casey, without deciding the state constitutional claims. The Supreme Court of Georgia reversed and remanded. It held that federal constitutional decisions later overruled cannot establish that a statute violated the U.S. Constitution when enacted and therefore cannot make it void from the outset. The Court left the plaintiffs’ due-process, equal-protection, and inherent-rights challenges under the Georgia Constitution for the trial court to decide first. Justice Ellington dissented; the other participating justices concurred.

Opinion

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