The US Court of Appeals for the Eleventh Circuit Wednesday held that Georgia’s abortion law can take effect immediately. The Georgia law bans abortions when fetal cardiac activity is detected, as early as six weeks.

A US federal district court previously blocked the law from going into effect in 2020. At the time, the federal court held that the law was unconstitutional under Roe v. Wade. Georgia recently appealed the district court decision in light of the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization overturning Roe.

The US Court of Appeals for the Eleventh Circuit overturned the federal district court’s decision stating that the Supreme Court in Dobbs “makes clear that no right to abortion exists under the Constitution, so Georgia may prohibit them.”

Under the Georgia abortion law, known as the Living Infants Fairness and Equality (LIFE) Act, abortions are prohibited once fetal cardiac activity is detected or as early as six weeks into the pregnancy. The law contains exceptions to prevent the death or physical impairment of the mother.

Chris Carr, Georgia’s Attorney General, said of the court’s Wednesday decision: “It is the constitutional duty of the Georgia Attorney General to defend the laws of our state. Today, our arguments have prevailed, meaning the Eleventh Circuit has allowed Georgia’s LIFE Act to take effect immediately.” 

Governor Kemp said: “Since taking office in 2019, our family has committed to serving Georgia in a way that cherishes and values each and every human being, and today’s decision by the 11th Circuit affirms our promise to protect life at all stages.”

The plaintiffs of the case released a joint statement reading: “Across the state, providers are now being forced to turn away patients who thought they would be able to access abortion, immediately changing the course of their lives and futures. This is horrific.”