Judge Blocks Georgia Law Prohibiting Abortion After Six Weeks of Pregnancy, Reports Reuters

By Brendan Pierson

A state court judge in Georgia has temporarily blocked a law that prohibits abortions after approximately six weeks of pregnancy, deeming it a violation of the rights to privacy and liberty established by the state constitution.

The ruling from Fulton County Superior Court Judge Robert McBurney permits the resumption of abortions for the time being, although the state may seek to appeal the decision to reinstate the law.

This law, which prohibits nearly all abortions once a "human heartbeat" is detected—typically around six weeks—was enacted in 2019 but only took effect following the U.S. Supreme Court’s decision in 2022 to overturn the Roe v. Wade precedent that had long protected abortion rights across the country.

Judge McBurney’s decision follows a trial in a lawsuit filed by the SisterSong Women of Color Reproductive Justice Collective, based in Atlanta. SisterSong’s executive director, Monica Simpson, described the ruling as a hard-fought victory and a meaningful advancement for reproductive justice in Georgia, stating that each day the ban was enforced caused unnecessary hardship.

The Center for Reproductive Rights, which represented SisterSong in the legal battle, expressed its commitment to contest any appeals made by the state.

A representative for Georgia Governor Brian Kemp, a Republican, stated that the administration will continue to advocate for protections for unborn lives, criticizing the ruling as an overreach of judicial power that overrides the will of the people and their elected officials.

Judge McBurney had previously blocked the abortion ban in November 2022, but that ruling was swiftly reversed by the state Supreme Court, which sent the case back to him for further proceedings.

In Monday’s ruling, McBurney affirmed that the law infringes upon women’s fundamental rights and articulated that the state can impose restrictions on abortion only post-fetal viability. He emphasized that women should not be treated as property subject to the decisions of a majority, asserting that enforcing such a law violates their rights to privacy and liberty, regardless of any rights attributed to a not-yet-viable fetus.