Georgia v. Sistersong Women of Color Reproductive Justice, et al.
Annotate this CaseThe lawsuit giving rise to this appeal challenged the Living Infants Fairness and Equality Act (“LIFE Act”), which regulated abortion procedures in Georgia. Although Appellees claimed at trial that the LIFE Act violated the due-process, equal-protection, and inherent-rights provisions of the Georgia Constitution, those claims were not ruled on below and were not part of this appeal because the trial court concluded that Appellees were entitled to relief on a different ground. Specifically, the trial court concluded that certain provisions of the LIFE Act were void ab initio because, when the LIFE Act was enacted in 2019, those provisions violated the United States Constitution as interpreted by then-controlling-but-since-overruled decisions of the United States Supreme Court. Here, the issue presented for the Georgia Supreme Court came from that ruling, and the Court concluded the trial court erred. "The holdings of United States Supreme Court cases interpreting the United States Constitution that have since been overruled cannot establish that a law was unconstitutional when enacted and therefore cannot render a law void ab initio." The judgment was reversed and the case remanded to the trial court to consider in the first instance Appellees’ other challenges to the LIFE Act.
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