A Georgia judge on Monday struck down the state’s abortion law, which took effect in 2022 and effectively prohibited abortions beyond about six weeks of pregnancy.
Fulton County Superior Court Judge Robert McBurney wrote in his order that the law violates Georgia’s Constitution, finding that “liberty in Georgia includes in its meaning, in its protections, and in its bundle of rights the power of a woman to control her own body, to decide what happens to it and in it, and to reject state interference with her healthcare choices.”
When the U.S. Supreme Court overturned Roe v. Wade in 2022 and ended a national right to abortion, it opened the door for state bans. Thirteen states now bar abortion at all stages of pregnancy, with some exceptions. Georgia was one of four where bans begin after about the first six weeks of pregnancy — often before women realize they’re pregnant.
McBurney’s ruling would allow abortions through at least 20 weeks of pregnancy.
Kara Murray, a spokesperson for Georgia Attorney General Chris Carr, said he would immediately appeal to the state supreme court. The state high court earlier reversed a separate ruling by McBurney that had struck down the law on different grounds and could put Monday’s ruling on hold pending an appeal.
“We believe Georgia’s life act is fully constitutional,” Murray said.
The bans have been felt deeply in the South because many people live hundreds of miles from states where abortion procedures can be obtained legally. If the Georgia ruling stands, it could open new avenues to access abortion not only in Georgia, but for people in nearby states.
Georgia’s law was passed by state lawmakers and signed by Republican Gov. Brian Kemp in 2019 but it was initially blocked from taking effect until the Supreme Court overturned Roe v. Wade, which had protected the right to an abortion for nearly 50 years.
Kemp has in the past tried to soften its political impact by trying to focus on the health of mothers. Monday, he attacked the ruling.