Georgia’s ban on abortion starting around six weeks into a pregnancy has been overturned by a judge. Fulton County Superior Court Judge Robert McBurney's ruling Tuesday applies statewide. The ban
By SUDHIN THANAWALA - Associated Press ATLANTA — 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 and was therefore void.
McBurney’s ruling came in a lawsuit filed in July by doctors and advocacy groups that sought to strike down the ban on multiple grounds, including that it violates the Georgia Constitution’s right to privacy and liberty by forcing pregnancy and childbirth on women in the state. McBurney did not rule on that claim.
Georgia’s law was passed by state lawmakers and signed by Republican Gov. Brian Kemp in 2019 but had been blocked from taking effect until the Supreme Court overturned Roe v. Wade, which had protected the right to an abortion for nearly 50 years. During a two-day trial in October, abortion providers told McBurney the ban was causing distress to women denied the procedure and confusion among doctors.
The state had argued that the Roe decision itself was wrong and the Supreme Court ruling wiped it out of existence.Now that the Supreme Court has overturned Roe v. Wade, the prohibition on abortions provided for in the 2019 law “may someday become the law of Georgia,” he wrote.
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