Georgia Judge Rules Six-Week Abortion Ban Unconstitutional, Restoring Previous Laws

A Georgia judge has ruled that the state’s six-week abortion ban is unconstitutional, blocking its enforcement and reverting abortion laws to pre-2019 standards. Fulton County Superior Court Judge Robert McBurney issued the 26-page opinion on Monday, emphasizing that abortions are now legal in Georgia until approximately 22 weeks of pregnancy, aligning with prior state regulations.

The controversial six-week ban, known as the Life Act, was blocked while Roe v. Wade was in effect but went into force after the Supreme Court overturned Roe in 2022. Judge McBurney stated, “When a fetus growing inside a woman reaches viability…only then may society intervene.” He noted that fetal viability typically occurs around 24 weeks, highlighting the challenges faced by many women who may not even be aware of their pregnancies at the six-week mark.

Under the six-week restriction, healthcare providers were prohibited from performing abortions if fetal cardiac activity was detected, which usually occurs around six weeks of pregnancy. McBurney asserted that the decision to carry a pregnancy should rest solely with the woman, stating, “It is not for a legislator, a judge, or a commander from ‘The Handmaid’s Tale’ to tell these women what to do with their bodies.”

In a footnote, he highlighted the implications of such laws on women, particularly poor women and women of color, describing the requirement to carry pregnancies to term as a form of “compulsory labor.” This ruling comes in the wake of tragic cases in which two Georgia women died after being unable to access legal abortions since the ban took effect.

Abortion rights advocates welcomed the ruling, with Monica Simpson, executive director of SisterSong Women of Color Reproductive Justice Collective, emphasizing the urgent need for bodily autonomy. Georgia Attorney General Chris Carr, a Republican, may appeal the ruling to the state Supreme Court, which previously allowed the six-week ban to take effect.