Judge rules Georgia's six-week abortion ban unconstitutional
ATLANTA − Georgia’s abortion ban has been struck down by a Fulton Superior Court judge, making the Peach State one of only two Southern states to allow abortion access after six weeks.
The 26-page decision Monday from Fulton Superior Judge Robert McBurney repealed Georgia’s Living Infants Fairness and Equality (LIFE) Act, a 2020 law that restricted access to abortion after six weeks, before many people become aware they are pregnant.
The law carved out exceptions for rape, incest and danger to the life of the mother, but a recent ProPublica article argued that the law forced health care providers to delay medical care to pregnant patients and linked at least two deaths to the ban. The story drew national attention; Democratic presidential nominee Kamala Harris visited Atlanta to promote reproductive rights across the state.
Read the judge\'s opinion below:
In his opinion, McBurney touched on the right to liberty and privacy for women in Georgia seeking reproductive care.
“A review of our higher courts’ interpretations of ‘liberty’ demonstrates 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,” McBurney wrote, adding that viability should be the standard for determining when an abortion should be restricted under law.
“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.”
Maya Homan is a 2024 election fellow at Paste BN who focuses on Georgia politics. She is @MayaHoman on X, formerly Twitter.