The Georgia Supreme Court has upheld the state’s heartbeat law that has protected thousands of babies from abortions.
In a major victory for life, the Georgia Supreme Court has upheld the Living Infants Fairness and Equality (LIFE) Act – heartbeat protections signed into law in 2019 by Governor Brian Kemp. The law has been in effect during litigation from abortion advocacy groups and saved thousands of babies.
The state’s highest court rejected a lower court ruling that the heartbeat law was invalid. Fulton County Superior Court Judge Robert McBurney had ruled that the law was unconstitutional because it was adopted before the Dobbs decision, but Dobbs now certifies the right of states to protect babies from abortions.
“As the majority opinion explains, ‘the United States Constitution, not the United States Supreme Court, is the source of the Constitution’s meaning; the United States Supreme Court has no power to amend the Constitution through interpretation; and the text of the United States Constitution has not been amended since the LIFE Act was enacted,’” the court wrote.
It added: “‘Thus, the United States Constitution means today what it meant when the LIFE Act was enacted in 2019, even if the United States Supreme Court’s interpretation of the Constitution has changed.’ Today’s majority opinion further explains that Georgia courts must follow the U.S. Supreme Court’s most recent pronouncement on the meaning of the U.S. Constitution when determining whether a statutory law violates that Constitution.”
A leading pro-life group applauded the decision in comments to LifeNews.
“Today’s Georgia Supreme Court decision ensures that tens of thousands of children with beating hearts will continue to be protected from brutal abortions. It is the latest vindication of the will of Georgians, who have compassion for both babies and mothers, along with lawmakers like Governor Kemp and many others who heard them and acted,” said SBA Pro-Life America President Marjorie Dannenfelser.
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