Judge Strikes Down Georgia’s Six-Week Abortion Ban, Restores Pre-2022 Law

A Fulton County Superior Court judge has ruled Georgia’s six-week abortion ban unconstitutional, allowing abortions to continue in the state until around 22 weeks of pregnancy. Judge Robert McBurney emphasized that while the state has a compelling interest in protecting unborn life, the decision of whether to carry a pregnancy to term should remain with the woman, particularly before the fetus can survive outside the womb. The ruling effectively reverses the 2022 ban, which took effect after the Supreme Court overturned Roe v. Wade.

McBurney, in his written decision, stressed that neither legislators nor courts should dictate a woman’s personal choices in early pregnancy, likening the state’s stance to dystopian scenarios in fiction. His ruling reverts abortion access in Georgia to its pre-ban state, where women had up to 22 weeks to seek the procedure.

Georgia’s Attorney General Chris Carr has indicated the state will appeal the decision, and the case may go before the Georgia Supreme Court. Governor Brian Kemp, who signed the original ban into law, expressed disappointment, arguing that the judge overruled the will of Georgia voters and reiterated the state’s commitment to protecting unborn life.

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