Georgia’s six-week abortion ban ruled unconstitutional by Fulton County judge

Georgia’s six-week abortion ban is unconstitutional, a Fulton County superior court judge ruled Monday, permitting abortions to take place in the state later into pregnancies. 

The order means Georgia can’t enforce the six-week ban that took effect in 2022. Abortions may continue to be performed until around 22 weeks of pregnancy, which was the case prior to the ban. 

Fulton County Superior Court Judge Robert McBurney wrote in his order that while “the State’s interest in protecting ‘unborn’ life is compelling, until that life can be sustained by the State … the balance of rights favors the woman.”

“For these women, the liberty of privacy means that they alone should choose whether they serve as human incubators for the five months leading up to viability,” McBurney wrote. “It is not for a legislator, a judge, or a Commander from The Handmaid’s Tale to tell these women what to do with their bodies during this period when the fetus cannot survive outside the womb any more so than society could — or should — force them to serve as a human tissue bank or to give up a kidney for the benefit of another.”

When the Supreme Court overturned the landmark Roe v. Wade decision in 2022, Georgia became one of the states where an automatic ban was triggered. The 2019 Georgia law, banning abortions once cardiac activity is detected, generally around six weeks into a pregnancy, then went into effect. 

A spokesperson for Georgia Attorney General Chris Carr said the state would appeal. The Georgia Supreme Court could issue a stay, putting McBurney’s ruling on hold, while the appeals process plays out.

Georgia Gov. Brian Kemp, a Republican who signed the six-week ban, issued a statement following McBurney’s ruling, saying: “Once again, the will of Georgians and their representatives has been overruled by the personal beliefs of one judge. Protecting the lives of the most vulnerable among us is one of our most sacred responsibilities, and Georgia will continue to be a place where we fight for the lives of the unborn.”

Katrina Kaufman and

The Associated Press

contributed to this report.