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Georgia Judge Strikes Down 6-Week Abortion Law

Georgia Judge Strikes Down 6-Week Abortion Law

Above: Fulton County (Ga.) Superior Court Judge Robert McBurney in August 2023. Image copyright: Megan Varner/Stringer/Getty Images News via Getty Images

The 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 in the state.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.

  • Georgia was one of four states that criminalized abortions after six weeks, not long after the US Supreme Court ended a national right to abortion in 2022. This ruling allows women to receive abortions through at least 20 weeks of pregnancy.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.

  • 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."


The Spin

This is a major victory for those who value bodily autonomy and a womenwoman's right to have authority over her own health. No one else, regardless of their position in life, should be allowed to govern a 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.


Although this judge's ruling will probably again be overruled by the state Supreme Court, he 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 and those governing their states arenisn't overturned by rogue actors.



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