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What's Next for Georgia's Heartbeat Law After or Roe v. Wade Overturned

(File-May 2019) Kemp signs heartbeat bill.
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(File-May 2019) Kemp signs heartbeat bill.

This morning the Supreme Court overturned Roe v. Wade.

In Georgia that will likely clear the way for House Bill 481. Known as “the fetal heartbeat law,” H.B. 481 will make abortions once cardiac activity is detected in a womb illegal.

While many states have “trigger laws” which went into effect after the announcement on Roe v. Wade was made, H.B. 481 works differently. The law was already passed in 2019, but is being appealed in the 11th Circuit Court. The ruling from the 11th circuit was put on hold until after the Supreme Court decided on Roe v. Wade.

With the ruling this morning, H.B 481 will likely be upheld, severely limiting access to abortions across the State.

The Georgia General Assembly will not meet again until 2023 after statewide elections are held, meaning the state law cannot be changed until then.

Justices Alito, Thomas, Gorsuch, Kavanaugh, and Barrett supported the overturning of Roe v. Wade, while justices Breyer, Sotomayor, and Kagan dissented. Chief Justice Roberts also dissented, writing in his own opinion that he would not have overturned Roe v Wade, but he would have upheld the Mississippi law which triggered the Supreme Court ruling in the first place.