Georgia Judge Strikes Down 6-Week Abortion Law

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Facts

  • A state judge in Georgia on Monday ruled an abortion law restricting the procedure after six weeks of pregnancy violated the state's constitution, opening greater access to abortions for Georgian women.[1]
  • Georgia was one of four states that criminalized abortions after six weeks, not long after the US Supreme Court ended a national right to the procedure in 2022. This ruling allows women to receive abortions through at least 20 weeks of pregnancy.[2]
  • In his ruling, Fulton County Superior Court Judge Robert McBurney wrote, 'the liberty of privacy means' women should be able to choose whether to carry a fetus through to 'viability.'[3]
  • This case was brought by the Atlanta-based SisterSong Women of Color Reproductive Justice Collective. The Center for Reproductive Rights, which has been representing the collective, said it would continue to do so in the face of any potential appeal by the state.[4]
  • Previously, Georgia's Life Act — which was passed and signed by Republican Gov. Brian Kemp in 2019 but didn't take effect until 2022 — was ruled in violation of the US Constitution in 2022 by McBurney. But the Georgia Supreme Court reinstated it after an appeal.[5]

Sources: [1]New York Times, [2]Associated Press, [3]CBS, [4]Reuters.com and [5]BBC News.

Narratives

  • Democratic narrative, as provided by Washington Post. This is a major victory for those who value bodily autonomy and a woman's right to have authority over her own health. No one else should be allowed to govern women's health decisions. This overturned law has had deadly consequences, so it's up to judges to make corrections to the law where legislators have erred.
  • Republican narrative, as provided by PJ Media. Although this judge's ruling will probably again be overruled by the state Supreme Court, McBurney has put the lives of innocent babies and young women, who may have to deal with the lifelong trauma caused by an abortion, at risk in the interim. More must be done to make sure the will of the people isn't overturned by rogue actors.

Predictions