Georgia judge struck down state’s six-week abortion ban declaring it unconstitutional

Abortion rights protesters Georgia Abortion rights protesters participate in nationwide demonstrations following the leaked Supreme Court opinion suggesting the possibility of overturning the Roe v. Wade abortion rights decision, in Atlanta, Georgia, on May 14, 2022. Alyssa Pointer/Reuters

Exodus 20:13 “You shall not murder."

Important Takeaways:

  • In a ruling issued on Monday, Judge Robert McBurney said Georgia’s Living Infants Fairness and Equality Act, or LIFE Act, infringes on a woman’s state constitutional rights.
  • When originally signed into law, the LIFE Act criminalized most abortions after an embryo generates detectable cardiac activity, typically around six weeks into a pregnancy.
  • Fourteen states now bar abortion at all stages of pregnancy, with some exceptions. Georgia was one of four where the bans kick in after about six weeks of pregnancy
  • The new Georgia ruling, if it stands, could open up new avenues to access abortion not only for residents of the state, but for people in nearby states who currently face long trips to places like North Carolina or Illinois.
  • Georgia could still appeal McBurney’s ruling. Kara Murray, communications director for Georgia Attorney General Chris Carr, said in a statement Monday, “We believe Georgia’s LIFE Act is fully constitutional, and we will immediately appeal the lower court’s decision.”
  • “Once again, the will of Georgians and their representatives has been overruled by the personal beliefs of one judge,” Republican Gov. Brian Kemp said in a statement. “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.”

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