A federal judge in Georgia has ruled the state’s law that bans most abortions after six weeks as unconstitutional.
Fulton County Superior Court Judge Robert McBurney’s ruling overrides a trigger law that went into effect in Georgia after Roe v. Wade was overturned in June.
NEW: A Georgia judge overturned the state’s ban on abortion beginning six weeks into a pregnancy, ruling Tuesday that it violated the U.S. Constitution and Supreme Court precedent when it was enacted in July.
— Kaelan Deese (@KaelanDC) November 15, 2022
“When the law was enacted, ‘everywhere in America, including Georgia, it was unequivocally unconstitutional for governments — federal, state, or local — to ban abortions before viability,’ McBurney wrote in his ruling,” according to the Washington Examiner.
“The judge added that while Supreme Court precedent changed after the June 24 decision in Dobbs v. Jackson Women’s Health Organization, which curtailed Roe, the law ‘did not become the law of Georgia when it was enacted and it is not the law of Georgia now,'” it added.
BREAKING: A judge overturned Georgia’s ban on abortion starting around six weeks into a pregnancy, ruling Tuesday that it violated the U.S. Constitution and U.S. Supreme Court precedent when it was enacted. The ban had been in effect since July. https://t.co/5PoGGwDhz7
— The Associated Press (@AP) November 15, 2022
The judge ruled that the “decision agreed with a different argument made in the lawsuit — that the ban was invalid because when it was signed into law in 2019, U.S. Supreme Court precedent under Roe. v. Wade and another ruling allowed abortion well past six weeks,” the Associated Press reported.
“Kara Richardson, a spokesperson for Georgia Attorney General Chris Carr, said in an email that the office filed a notice of appeal and ‘will continue to fulfill our duty to defend the laws of our state in court,'” the AP added.
via FOX 5 Atlanta
— ghost in the machine 🍂 (@horrorbats.mastodon.lol) (@horrorbatsbite) November 15, 2022
The latest ruling will likely lead to the state reconvening to determine a new law to address the concerns by the judge’s ruling.
Until then, abortions will continue to be allowed in Georgia past six weeks despite the state law and Supreme Court’s ruling in June.
The pro-life movement in Georgia will need to quickly respond to avoid more abortions from occurring in the state following the latest legal challenge.