Georgia Judge Overturns Six-Week Abortion Ban, Restores Rights \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ A Georgia judge struck down the state’s abortion law, which had effectively prohibited most abortions beyond six weeks of pregnancy. The ruling restores the previous legal status, allowing abortions up to 20 weeks. Governor Brian Kemp criticized the decision, asserting it overrides Georgia voters’ wishes. The outcome may impact access to abortion for residents across the South.
Georgia Abortion Law Overturned Quick Looks
- Six-Week Ban Overturned: Judge Robert McBurney struck down Georgia’s restrictive six-week abortion law.
- Restored Abortion Rights: Abortions are now legal up to 20 weeks of pregnancy in Georgia.
- Governor Kemp’s Reaction: Governor Brian Kemp condemned the ruling as counter to the “will of Georgians.”
- Access Across the South: The decision may expand access to abortion for residents in Georgia and nearby states.
- Democratic Focus on Abortion Rights: Democrats are keeping abortion in the spotlight ahead of upcoming elections.
Deep Look
A significant ruling in Georgia has struck down the state’s restrictive abortion law, which was enacted in 2022 and effectively banned most abortions after roughly six weeks of pregnancy. Fulton County Superior Court Judge Robert McBurney made the ruling on Monday, restoring broader access to abortion across the state. The decision holds the potential to significantly impact both residents of Georgia and those in surrounding states, where restrictive abortion laws have led many to seek care elsewhere.
In his ruling, Judge McBurney wrote: “Liberty in Georgia includes in its meaning, in its protections, and in its bundle of rights the power of a woman to control her own body, to decide what happens to it and in it, and to reject state interference with her healthcare choices.” This decision challenges the 2022 state law, which had quickly come into effect after the U.S. Supreme Court’s landmark overturning of Roe v. Wade—a move that dismantled the nearly 50-year-old federal right to an abortion and left regulation in the hands of individual states.
Since the Supreme Court’s decision, abortion has been banned at all stages of pregnancy in 14 states, with limited exceptions. Georgia was one of four states that enforced a ban at around the six-week mark—often before many women even realize they are pregnant. With access heavily restricted in Georgia, individuals often had to travel hundreds of miles, to states like North Carolina or Illinois, to legally obtain abortion services. The new ruling, if it holds, could open up avenues for more accessible abortion services, not only benefiting Georgia residents but also potentially providing relief for those in nearby states with even more restrictive laws.
Restoring Broader Access in Georgia
Georgia’s law was initially passed in 2019, with the Republican-led legislature pushing through a bill that banned most abortions after what the law termed as a “detectable human heartbeat,” which usually occurs around the six-week mark of pregnancy. Cardiac activity can be detected via ultrasound in cells within an embryo that will eventually develop into the heart. However, the law faced legal challenges and was blocked from taking effect until the Supreme Court’s ruling on Roe v. Wade in 2022 made such state-level bans enforceable.
With Monday’s ruling, Judge McBurney restored the legal framework that existed before 2022, once again allowing abortions up until around 20 weeks of pregnancy. “When a fetus growing inside a woman reaches viability, when society can assume care and responsibility for that separate life, then—and only then—may society intervene,” McBurney wrote. He described the six-week restriction as an “arbitrary” limit that did not align with a balance between a woman’s rights to liberty and privacy and society’s interest in protecting potential life. He emphasized that the viability rule strikes a better balance, as it determines when society can reasonably take responsibility for a fetus.
The ruling means that Georgia will now join a smaller group of states that allow abortion up to 20 weeks, an expansion that might help mitigate some of the barriers to access that residents and those in neighboring states have faced since Roe v. Wade was overturned.
Political Reactions and Implications
Georgia Governor Brian Kemp, a Republican, sharply criticized the ruling, arguing that it overturns the will of the people and their elected representatives. “Once again, the will of Georgians and their representatives has been overruled by the personal beliefs of one judge,” Kemp said in a statement. He described protecting “the lives of the most vulnerable among us” as one of the state’s most sacred responsibilities and vowed that Georgia would continue to fight for the lives of the unborn.
The political ramifications of the ruling extend beyond Georgia’s borders, as abortion remains a hot-button issue across the country, especially in battleground states. With no provision in Georgia allowing for citizen-led ballot initiatives, residents cannot place a referendum on abortion rights on the ballot this November. However, Democrats in the state have been actively working to keep abortion rights front and center, particularly as they appeal to women voters and suburban communities.
Vice President Kamala Harris visited Atlanta on September 20 to emphasize the stakes, portraying former President Donald Trump as a threat to women’s freedom if re-elected. Harris warned that Trump, who remains influential among Republican voters, would likely push for even more severe restrictions on abortion. Abortion rights have also emerged as a crucial issue in state legislative races, with Democrats hoping to reduce Republican majorities in the state House.
Harris’ trip to Georgia coincided with troubling reports on the consequences of the state’s restrictive abortion policies. ProPublica reported that two women in Georgia had died after facing significant obstacles in accessing proper medical care for complications arising from taking abortion pills. The Vice President’s visit amplified these incidents to underscore the real-world dangers that restrictive laws pose to women’s health and safety.
The Human Impact of Restrictive Laws
One of the deaths reported by ProPublica was that of Amber Thurman, who passed away after waiting 20 hours to receive treatment for complications from abortion pills. Thurman’s death is considered the first publicly reported instance of a woman dying as a direct result of delayed care due to a state-level abortion law. The second reported death was that of Candi Miller, a woman with multiple pre-existing health conditions, including lupus, diabetes, and hypertension. Miller took abortion pills she had obtained online, but an autopsy revealed that she had retained fetal tissue and suffered a lethal combination of painkillers. The state’s maternal mortality review committee concluded that both deaths were preventable and highlighted the impact that restricted access to healthcare had on both women.
Democrats have argued that these deaths were a predictable consequence of the restrictive abortion policies implemented in Georgia after the Supreme Court overturned Roe v. Wade. Vice President Harris has been an outspoken advocate for reproductive rights since the ruling, and her recent visit to Georgia marked her first major speech on the subject since replacing President Joe Biden at the top of the Democratic ticket.
A Complex Landscape for Abortion Access
Before Georgia’s six-week ban took effect in 2022, the state recorded over 4,400 abortions monthly. Following the ban, the number dropped dramatically to about 2,400 per month, according to data compiled by the Society of Family Planning. These statistics illustrate the significant impact of the restrictions on access to reproductive health services. The potential overturning of the law represents a pivotal change that could lead to an increase in the availability of abortion services within the state.
While Governor Kemp and other Republican leaders have focused on their commitment to defending the rights of the unborn, they have faced backlash for the unintended consequences of the abortion ban, including women’s deaths and diminished access to vital healthcare services. Kemp, who has attempted in the past to soften the political impact of the ban by emphasizing maternal health, remained firm in his stance following the ruling, signaling an ongoing battle over abortion laws in the state.
For Georgia, the ruling is not only about healthcare and individual rights but also part of a broader political struggle. The issue is expected to play a significant role in upcoming elections, with both parties seeking to use it to galvanize their bases. For Democrats, the focus is on protecting women’s health and rights, while for Republicans, it remains a matter of preserving what they consider the sanctity of life.
The current decision by Judge McBurney has the potential to transform access to reproductive healthcare across Georgia and beyond. If upheld, it could reduce the need for long and expensive journeys to states like North Carolina or Illinois, offering a closer option for people seeking abortion care. However, the political landscape remains uncertain, as appeals could still overturn the decision, and the debate over abortion rights shows no sign of abating.
Georgia Judge
