Judge declares Georgia’s six-week abortion law unconstitutional
ATLANTA — A judge from Fulton Superior Court invalidated Georgia’s strict abortion legislation on Monday, positioning Georgia as one of only two states in the South where abortion is accessible even after six weeks.
In a detailed 26-page ruling, Judge Robert McBurney repealed the Living Infants Fairness and Equality (LIFE) Act, a law enacted in 2020 that prohibited abortions after a six-week period, which is often before many individuals realize they are pregnant.
The LIFE Act included exceptions for cases of rape, incest, and situations where the mother’s life was at risk. However, a ProPublica article recently cited that the law compelled healthcare providers to postpone essential medical treatment for pregnant patients, with at least two deaths associated with the ban. This issue garnered national attention, prompting 2024 Democratic presidential candidate Kamala Harris to visit Atlanta to advocate for reproductive rights.
Read the judge’s ruling:
In his ruling, Judge McBurney emphasized the importance of liberty and privacy for women in Georgia seeking reproductive healthcare.
“A review of the interpretations of ‘liberty’ by our higher courts shows that it encompasses a woman’s right to have control over her own body, make decisions about it, and reject any interference from the state regarding her healthcare choices,” McBurney stated, adding that the threshold for when an abortion should be legally restricted should be based on the viability of the fetus.
“Intervention by society is only justified when a fetus inside a woman reaches viability, which is the point at which society can take responsibility for that separate life.”