Federal judge blocks Georgia abortion law from taking effect

A federal judge on Tuesday blocked Georgia's rigid new abortion law from going into effect.

The law, signed in May by Gov. Brian Kemp (R), bans abortions once a fetal heartbeat can be detected. This can take place as early as six weeks into a pregnancy, often before a woman learns she is expecting. There are a few exceptions, including in cases of rape and incest, although the woman must first file a police report.

In the order, U.S. District Judge Steve Jones wrote that the Supreme Court has "repeatedly and unequivocally" upheld Roe v. Wade, establishing that a state may not ban abortion before 24 and 26 weeks of pregnancy, when a fetus becomes viable. "By banning abortions after a fetal heartbeat is detected, HB 481 prohibits women from making the ultimate decision to terminate her pregnancy at a point before viability," he said.

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Georgia's current abortion laws, which prohibit abortions after 20 weeks, will remain in effect for now. The new law was set to go into effect on Jan. 1. ACLU of Georgia Legal Director Sean Young said this was a "tremendous victory for the women of Georgia and for the Constitution." Candice Broce, a spokeswoman for Kemp, said the governor will "continue to fight for the unborn and work to ensure that all Georgians have the opportunity to live, grow, and prosper."