A senior county judge declared Monday that Georgia's six-week abortion ban is unconstitutional and unenforceable under the state constitution.
Fulton County Superior Court Judge Robert McBurney ruled that the law violates the Georgia Constitution, which protects that freedom by allowing children to leave the womb without interference from the state. This included allowing women to have abortions until they were deemed viable. According to To the Associated Press. The law, which has been in effect since 2022, limited access to abortion by banning the procedure if fetal heart activity is detected, often around six weeks into pregnancy.
McBurney said, “Only when the fetus growing inside a woman reaches a state of viability and society can assume care and responsibility for that separate life can society intervene.'' “It will happen,” he said on CNN. reported.
“The arbitrary six-week ban on abortion (due to pregnancies after fetal cardiac activity) is in conflict with these rights, women's rights to freedom and privacy, and society's interest in the protection and care of the unborn child. “This is inconsistent with the appropriate balance established by the likelihood rule,” McBurney added, CNN reported.
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The ruling overturns the state's abortion regulations, allowing abortions up to about 20 weeks of pregnancy, the length of time a fetus is generally considered viable outside the womb, the Associated Press reported. Georgia Attorney General Chris Carr announced an immediate appeal to the state Supreme Court, which could put Monday's ruling on hold.
“Once again, the will of the Georgian people and their representatives has been overridden by the personal beliefs of a judge,” Gov. Brian Kemp said in a statement, according to the Associated Press. “Protecting the lives of the most vulnerable among us is one of our most sacred responsibilities, and Georgia will continue to be the place where we fight for the lives of the unborn. I will continue.”
Abortion rights groups and providers expressed relief and optimism over the ruling, according to the Associated Press. SisterSong's Monica Simpson called the decision a victory. Abortion provider Carafem plans to expand its services in the coming weeks, but co-founder Melissa Grant expressed concern about a possible reversal.
“Staff and customers alike will be living with this possibility of immediate changes, which can be devastating for people trying to plan their lives and take care of their health,” Grant said, according to the Associated Press. It could become something.” (Related: Blue state court upholds pregnancy center crisis over abortion reversal pill in legal blow to Letitia James)
According to the Associated Press, the decision comes amid heightened public concern about abortion rights following legal changes after the U.S. Supreme Court overturned Roe v. Wade. The topic remains a crucial issue in upcoming state and national elections, with Vice President Kamala Harris recently visiting Atlanta and highlighting the Republican Party's stance on abortion, branding it a threat to women's freedom. It was brought to light by criticizing the
Harris said in an interview Tuesday that she expressed support for eliminating the Senate filibuster rule to expedite passage of legislation codifying abortion rights. interview on Wisconsin Public Radio. The change lowers the required Senate voting threshold from 60 votes to 51 votes for a simple majority.
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