Judge Strikes Down Georgia’s Six-Week Abortion Ban As Unconstitutional

A county superior judge declared on Monday that Georgia’s six-week abortion ban is unconstitutional and unenforceable under the state’s constitution.

Fulton County Superior Court Judge Robert McBurney ruled that the law breaches the Georgia Constitution, arguing that it’s protection of liberty includes allowing women to obtain an abortion up to the point the child is viable outside the womb, free from state interference, according to The Associated Press. The law, which had been effective since 2022, limited abortion access by prohibiting the procedure once fetal cardiac activity could be detected, often around six weeks into pregnancy.

“When a fetus growing inside a woman reaches viability, when society can assume care and responsibility for that separate life, then — and only then — may society intervene,” McBurney said, CNN reported.

“An arbitrary six-week ban on (post-embryonic cardiac activity pregnancy) terminations is inconsistent with these rights and the proper balance that a viability rule establishes between a woman’s rights of liberty and privacy and society’s interest in protecting and caring for unborn infants,” McBurney added, CNN reported.

The ruling reverses the state’s abortion regulations to now allow abortions up to approximately 20 weeks of pregnancy, aligning with the period when a fetus is generally considered viable outside the womb, the AP reported. Georgia Attorney General Chris Carr announced an immediate appeal to the state supreme court, potentially putting Monday’s decision on hold.

“Once again, the will of Georgians and their representatives has been overruled by the personal beliefs of one judge,” Governor Brian Kemp said in a statement, the AP reported. “Protecting the lives of the most vulnerable among us is one of our most sacred responsibilities, and Georgia will continue to be a place where we fight for the lives of the unborn.”

Abortion rights groups and providers expressed relief and optimism about the ruling, the AP reported. Monica Simpson of SisterSong called the decision a victory. Abortion provider Carafem plans to expand its services in the coming weeks, but co-founder Melissa Grant expressed concern about a possible reversal.

“Staff and clients will be living with this possibility hanging over immediate change, and that can be devastating to people who are trying to plan their lives and try to take care of their health,” Grant said, AP reported.

This ruling comes against a backdrop of increased national focus on abortion rights following legal shifts after the U.S. Supreme Court overturned Roe v. Wade, according to AP. The topic remains a pivotal issue in upcoming state and national elections, highlighted by Vice President Kamala Harris’s recent visit to Atlanta, where she criticized Republican stances on abortion, framing them as a threat to women’s freedoms.

Harris announced her support for abolishing the Senate’s filibuster rule to facilitate the passage of legislation that would codify abortion rights, she stated during a Tuesday interview on Wisconsin Public Radio. This change would reduce the required Senate voting threshold from 60 to a simple majority of 51 votes.