5 things to know for Georgia after Roe v. Wade overturned

The Supreme Court on Friday overturned Roe v. Wade. Abortion laws will now be left up to the states to regulate or ban as state lawmakers decide.

In Georgia, this means that the so-called "fetal heartbeat" law, passed by the Georgia General Assembly in 2019, will likely be implemented.

More: Supreme Court Roe v. Wade decision means Georgia's abortion law can take effect quickly

What is Georgia's current abortion law?

Under current Georgia law, abortions are legal up to about 22 weeks. However, in 2019 the state legislature passed a new law that would ban abortions after a heartbeat is detected in a fetus. Heartbeats typically can be detected at around six weeks, a period before many people know they are pregnant.

Previous cover: Here's what would happen in Georgia if Roe v. Wade is overturned

Read More: Both sides of abortion debate focus on Georgia elections as Roe v. Wade may be overturned

How quickly will the law change in Georgia?

Shortly after the heartbeat bill was signed into law, a number of abortion rights groups filed a lawsuit challenging the constitutionality of the law. The law was blocked from going into effect by an injunction from a federal district judge as illegal under Roe v. Wade. State officials then appealed the ruling, and the case is still pending at the United States Court of Appeals for the 11th Circuit.

Now that Roe is no longer precedent, state officials can file a for a stay of the lower court injunction, which will probably be granted quickly and allow the law to go into effect prior to a final ruling. On Friday afternoon, Georgia Attorney General Chris Carr announced that his office has filed a notice requesting that the 11th Circuit allow the heartbeat bill to take effect.

FILE - Democratic gubernatorial candidate for Georgia Stacey Abrams, left, speaks as her Republican opponent, then-Secretary of State and now Georgia Gov., Brian Kemp looks on during a debate in Atlanta.
FILE - Democratic gubernatorial candidate for Georgia Stacey Abrams, left, speaks as her Republican opponent, then-Secretary of State and now Georgia Gov., Brian Kemp looks on during a debate in Atlanta.

Could Georgia pass an even more restrictive law?

The Georgia General Assembly will not gather again until early in 2023, when they could vote on a more restrictive abortion law. The governor could also call for a special legislative session, but he has shown no indication so far that he intends to do that.

The 2019 heartbeat bill only passed with one vote, so gathering enough political will for a more restrictive law might prove difficult. While the state legislature will likely remain in Republican control, whether Democrat Stacey Abrams or Republican Brian Kemp wins the gubernatorial race will also impact the likelihood that new legislation can succeed.

How do Georgian's feel about abortion?

The Roe v. Wade ruling is not particularly controversial in Georgia. A poll conducted at the University of Georgia for the Atlanta Journal Constitution in January showed that 68% of registered voters in Georgia did not want Roe v. Wade to be overturned, including 90% of Democrats and 43% of Republicans. The Georgia fetal heartbeat law had a net opposition of 55% in the same poll.

What about neighboring states?

South Carolina, Alabama, and Tennessee all have currently unconstitutional laws — like Georgia — that could take effect now that Roe is overturned, according to the Guttmacher Institute, an abortion rights advocacy and research organization. Tennessee also has a trigger law designed to take effect now that Roe is overturned. Florida is not included in the Guttmacher analysis, and North Carolina has no policies one way or another. According to the Kaiser Family Foundation, Alabama and South Carolina currently allow abortions before 22 weeks, while Tennessee and North Carolina prohibit abortion only after fetal viability. Florida prohibits abortions after 15 weeks.

This article originally appeared on Augusta Chronicle: Roe v. Wade overturned by Supreme Court: What's the law in Georgia