Judge blocks Georgia's 6-week abortion ban

Abortion protest in Atlanta, Georgia
(Image credit: ELIJAH NOUVELAGE/AFP via Getty Images)

A judge in Georgia has overturned the state's six-week abortion ban. Fulton County Superior Court Judge Robert McBurney wrote in his ruling that the bill was, "plainly unconstitutional when drafted, voted upon, and enacted," The Washington Post reports.

The bill was originally from 2019, however, it took effect in July 2022 following the Supreme Court's overturning of Roe v. Wade (1973). The law was one of the strictest in the country, completely banning abortion after about six weeks when cardiac activity can be detected, Axios explains. The law did contain exceptions for when the fetus is considered "medically futile" and for rape and incest if a police report is filed and the fetus is younger than 20 weeks.

For abortion rights activists, the bill was essentially a total ban because many women don't even know they are pregnant until after six weeks. The ACLU called the law a, "highly unorthodox action that will immediately push essential abortion care out of reach for patients."

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The law was signed into action by Georgia Gov. Brian Kemp (R), who just won re-election defeating Stacey Abrams (D). He will likely face pressure from anti-abortion activists to restrict abortion again once legislatures convene, the Post explains. Kara Richardson, spokesperson for Georgia's attorney general told Axios they will, "pursue an immediate appeal and will continue to fulfill [their] duty to defend the laws of [their] state in court."

Devika Rao, The Week US

 Devika Rao has worked as a staff writer at The Week since 2022, covering science, the environment, climate and business. She previously worked as a policy associate for a nonprofit organization advocating for environmental action from a business perspective.