Fact Check: Georgia's near-total abortion ban signed in 2019 took effect after Roe v Wade was overturned.

Fact Check: Georgia's Near-Total Abortion Ban Took Effect After Roe v. Wade Was Overturned

What We Know

In 2019, Georgia passed a law known as the "Living Infants Fairness and Equality (LIFE) Act," which effectively banned most abortions once a "detectable human heartbeat" was present, typically around six weeks of pregnancy. This law was signed by Republican Governor Brian Kemp and was part of a broader trend of restrictive abortion measures in several states (AP News). However, the enforcement of this law was blocked following a ruling by Fulton County Superior Court Judge Robert McBurney in September 2022, who declared the ban unconstitutional based on the precedent set by Roe v. Wade (AP News).

The pivotal moment occurred on June 24, 2022, when the U.S. Supreme Court overturned Roe v. Wade in the Dobbs v. Jackson Women’s Health Organization decision, effectively removing the federal right to abortion and allowing states to enact their own laws regarding abortion (NPR). Following this ruling, the Georgia Supreme Court reinstated the six-week abortion ban in November 2022, allowing it to take effect (AP News).

Analysis

The claim that Georgia's near-total abortion ban took effect after Roe v. Wade was overturned is accurate. The law was initially passed in 2019 but could not be enforced due to the legal landscape shaped by Roe v. Wade. The U.S. Supreme Court's decision in June 2022 changed that landscape, allowing states like Georgia to enforce such bans (NPR).

The sources used in this analysis are credible and come from established news organizations such as the Associated Press and NPR, which are known for their journalistic integrity. The timeline of events is well-documented, showing that the ban was reinstated shortly after the Supreme Court's decision, thereby validating the claim. The legal arguments surrounding the ban's enforcement and the subsequent court rulings provide a clear context for understanding how the law came into effect (AP News, NPR).

Conclusion

Verdict: True
The claim that Georgia's near-total abortion ban signed in 2019 took effect after Roe v. Wade was overturned is true. The law was blocked from enforcement until the Supreme Court's decision in June 2022, which allowed states to impose their own abortion laws, leading to the reinstatement of Georgia's ban shortly thereafter.

Sources

1. Georgia's highest court reinstates ban on abortions after 6 weeks
2. Georgia Supreme Court restores near-ban on abortions while state ...
3. Georgia's 6-Week Abortion Ban Is Struck Down
4. Under Georgia's fetal 'personhood' law, a pregnant woman remains on ...
5. Georgia Supreme Court Allows Six-Week Abortion Ban to Again Take Effect
6. Georgia Supreme Court Allows Six-Week Abortion Ban to ...