The Georgia Supreme Court has temporarily restored the state’s near-ban on abortions, reversing a lower court’s ruling that had struck down the law. The decision, issued on Monday, pauses an earlier judgment by Fulton County Superior Court Judge Robert McBurney, who had ruled that the law violated Georgia’s constitutional protections related to privacy and healthcare decisions.

The law, which was signed by Governor Brian Kemp in 2019, prohibits most abortions once cardiac activity is detectable, usually around six weeks of pregnancy. This law became one of several similar measures implemented by states following the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade, which had guaranteed the right to abortion nationwide.

Judge McBurney’s ruling on September 30th argued that the state’s constitution includes a right to privacy, which encompasses decisions regarding personal healthcare, including abortion. His decision temporarily rolled back the abortion law to a previous standard, allowing abortions up to roughly 22 to 24 weeks, when a fetus typically reaches viability outside the womb.

However, the Georgia Supreme Court agreed to a request by Attorney General Chris Carr to halt McBurney’s ruling while the state appeals the decision. This means the law banning most abortions after six weeks is back in effect while the state’s appeal moves forward.

In his dissenting opinion, Justice John J. Ellington expressed concern that the court’s decision to restore the law before the appeal is fully reviewed could undermine fundamental rights. “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,” Ellington wrote.

The Supreme Court’s ruling did include one exemption, preventing enforcement of a section of the law that would allow district attorneys to access the health records of women who undergo abortions.

Georgia maintains a criminal penalty for providers who perform illegal abortions, with violations punishable by up to ten years in prison. While women who obtain abortions are not subject to criminal penalties, doctors risk losing their medical licenses if they perform procedures outside the legal boundaries.

The state Supreme Court’s decision allows the six-week abortion limit to remain in effect while it deliberates on the larger question of whether Georgia’s ban violates constitutional rights. The case continues to be closely watched as it progresses through the courts.