Court affirms disputed 'heartbeat' law protecting the unborn

October 25, 2023
World Net Daily

This story was originally published by the WND News Center.

The U.S. Supreme Court's decision to overturn Roe vs. Wade, that faulty decades-old creation of a constitutional "right" to abortion when the Constitution doesn't address the issue, happened a year ago but it's still creating ripples.

The latest is a decision by the Georgia Supreme Court to affirm the state's "heartbeat" law, known as the "Living Infants Fairness and Equality (LIFE) Act."

It protects unborn babies with a "detectable human heartbeat," which can be detected as early as six weeks of pregnancy.

A report from Liberty Counsel reveals, "The 6-1 ruling reverses a lower court’s decision to nullify the law because it was enacted during the era where abortion was recognized as a constitutional right by the U.S. Supreme Court’s 1973 Roe v. Wade decision. The Georgia’s High Court decision allows the state’s LIFE Act to stay in effect while litigation continues in a lower court."

Justice Verda M. Colvin wrote for the majority, "The trial court erred in relying on overruled decisions of the United States Supreme Court to conclude that portions of the LIFE Act violated the United States Constitution when enacted in 2019. The same United States Constitution governs today as when the LIFE Act was enacted, and Georgia courts are required to look to the United States Supreme Court’s now-controlling interpretation of the United States Constitution when determining whether a statutory law violates that Constitution."

Colvin said the U.S. Supreme Court has no power to supply or change "the independent and fixed meaning of the United States Constitution."

Colvin continued, "Because Dobbs is controlling precedent on whether the United States Constitution confers a right to abortion, and because the parties and the trial court do not dispute that the LIFE Act complies with Dobbs, it follows that the LIFE Act did not violate the United States Constitution when enacted in 2019."

The state law bans abortion with few exceptions. It became law in 2019 but lawsuits have tied up its application since.

Then the U.S. Supreme Court found the precedent back then, Roe, "egregiously wrong from the start," and said, "[t]he Constitution does not confer a right to abortion."

The latest court action claimed the law was unconstitutional because of the now-defunct Roe precedent.

The state court said under the Dobbs precedent, it complies with the Constitution.

Liberty Counsel reported at least five other states have six-week heartbeat laws, such as Florida, Iowa, Mississippi, Ohio, and South Carolina.

Abortion promoters have tied up several of those with lawsuits, the report said, while "At least 16 other states ban abortion at conception, such as Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, and Wyoming."

"We continue to see the fruit of the righteous U.S. Supreme Court decision to overturn Roe v. Wade eliminating so-called abortion rights. Every person has an inalienable right to life. Pro-life laws protect innocent unborn babies, and it is time for all states and courts around the nation to follow suit and make the womb a safe place again," explained Liberty Counsel founder Mat Staver.

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