The Supreme Court ruling on Mississippi's strict abortion law won't be issued until after Georgia's primary election, but a leaked draft opinion on the case published Monday had an immediate impact on several races.
Candidates seized on the prospect of the high court overturning Roe v. Wade, the landmark 1973 ruling that held the U.S. Constitution protects a pregnant woman's liberty to choose to have an abortion without excessive government restriction. The leaked draft opinion, written by Justice Samuel Alito with support from four of his colleagues, reads, "We hold that Roe and Casey must be overruled."
Should the Supreme Court invalidate Roe, abortion access restrictions would become the purview of the states. In Georgia, such a ruling would likely clear the way for the implementation of the so-called "fetal heartbeat" law, passed by the Georgia General Assembly in 2019.
Credit: Andrew West/The News-Press
Credit: Andrew West/The News-Press
The law bans most abortions after a heartbeat is detected in a fetus, typically around the six-week mark of pregnancy and before many women know they're pregnant.
A U.S. District judge blocked the law from taking effect in October 2019 pending a decision from the Supreme Court on Georgia's law or others that conflict with Roe.
Abortion law changes dominated campaign chatter Tuesday. Candidates across several races issued statements, and Republican lieutenant governor hopefuls called for an outright abortion ban in a televised debate. The Georgia Legislature is adjourned until next year, so enacting additional abortion restrictions before the start of the 2023 session would require the governor to call a special session.
The lieutenant governor's primary role is to serve as president of the Georgia Senate.
Credit: Brynn Anderson, AP
Credit: Brynn Anderson, AP
Gov. Brian Kemp has yet to comment on the prospect of an abortion legislative law session, saying instead he would "continue to fight for the strongest pro-life law in the country." His primary opponent, former Sen. David Perdue, took a stronger stance.
“If I were governor when this ruling was issued, I would call the Legislature back into a special session to ban abortion in Georgia,” Perdue said.
Meanwhile, Democrats decried the threats to abortion and said changes would make reproductive rights a central issue for the November general election, when all state government elected posts will be on the ballot.
Democrats are expected to be competitive in the two highest-profile races on the ballot, with Stacey Abrams vying for the governor's post and Sen. Raphael Warnock running for re-election.
"As a woman, I am enraged by the continued assault on our right to control our bodies and our futures," Abrams wrote on Twitter. "As the next governor of Georgia, I will defend the right to abortion and fight for reproductive justice."
Credit: Brynn Anderson, AP
Credit: Brynn Anderson, AP
Renitta Shannon, a Democratic candidate for lieutenant governor, said Supreme Court action on Roe would put the onus to protect "reproductive freedoms" on legislative bodies, such as the U.S. Congress and the Georgia General Assembly.
"Reproductive freedoms should never had been left up to the courts and needs to be codified in law," Shannon said during a debate Tuesday.
Will Peebles is the enterprise reporter for Savannah Morning News. He can be reached at wpeebles@gannett.com and @willpeeblessmn on Twitter.
This article originally appeared on Savannah Morning News: Abortion law changes ahead: Here's what would happen in Georgia if Roe v. Wade is overturned
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