The Supreme Court of Georgia Temporarily Allows LIFE Act

Key Takeaways:

• The Supreme Court of Georgia stayed the order of the Superior Court of Fulton County which found the LIFE Act unconstitutional.
• The LIFE Act, except for OCGA § 16-12-141 (f), can be enforced as of 5:00 p.m. on October 7, 2024.

On October 7, the Supreme Court of Georgia granted the State of Georgia's Emergency Petition for Supersedeas to stay the order of the Superior Court of Fulton County permanently enjoining Georgia's Living Infants Fairness and Equality Act (LIFE) Act. The Supreme Court of Georgia's order allows enforcement of the LIFE Act, except for the requirement that the health records of the women upon whom abortions are performed be made available to the relevant district attorney.

Notably, Justice John Ellington dissented from the granting of the stay, indicating that "the State fail[ed] to show any reason for urgency that goes beyond their underlying arguments in favor of allowing the State to prevent women from deciding whether to terminate a pregnancy after embryonic cardiac activity can be detected and before a fetus is viable." Ellington stated that "the State should not be in the business of enforcing laws that have been determined to violate fundamental rights guaranteed to millions of individuals under the Georgia Constitution."

The Supreme Court of Georgia and dissenting opinions can be found here. For additional details on the Fulton County Court decision, see Georgia Abortion Law Struck Down as Unconstitutional.