Georgia Judge Strikes Down Six-Week Abortion Ban

On Monday, September 30th, a Georgia judge ruled the state’s six-week abortion ban unconstitutional, allowing the procedure to resume beyond six weeks of pregnancy. Judge Robert McBurney declared that Georgia’s “Living Infants Fairness and Equality Act” (LIFE Act), which criminalized most abortions after cardiac activity could be detected at around six weeks, infringed on a woman’s right to make healthcare decisions under the state’s constitution. The ruling was a victory for the plaintiffs, including the SisterSong Women of Color Reproductive Collective.

Judge McBurney’s decision emphasized the constitutional right to bodily autonomy and privacy, stating, “When a fetus reaches viability, then and only then may society intervene.” This ruling restores abortion access up to 20 weeks of pregnancy, reversing the state’s restrictive law passed in 2019, which took effect after the U.S. Supreme Court overturned Roe v. Wade in 2022. The ban had dramatically reduced the number of abortions performed in Georgia from over 4,400 a month to about 2,400.

Georgia Attorney General Chris Carr has pledged to appeal the ruling, and the state’s Supreme Court could still reinstate the ban. Republican Governor Brian Kemp criticized the judge’s decision, accusing him of overriding the will of Georgians. Kemp has long supported the LIFE Act, arguing that it protects “the most vulnerable among us” and expressing his intent to continue fighting for the law’s reinstatement.

The ruling could have a significant impact on neighboring Southern states where strict abortion bans have forced many residents to travel long distances to access care. Georgia’s newly restored access may serve as an option for those living in states with more restrictive abortion laws.

Reactions to the decision were mixed. Supporters of abortion rights, including Monica Simpson, Executive Director of SisterSong, celebrated the ruling as a “significant step in the right direction toward achieving reproductive justice in Georgia.” On the other hand, anti-abortion advocates criticized McBurney as an activist judge, expressing hope that the state Supreme Court would overturn the decision.

As the legal battle continues, abortion rights are expected to remain a central issue in Georgia’s political landscape, with Democrats emphasizing it as they campaign in the upcoming state elections.