Fulton County judge overturns Georgia 'heartbeat' abortion law
ATLANTA - A Fulton County judge has just overturned Georgia's "Heartbeat Law" abortion ban that made it illegal to terminate a pregnancy in the Peach State after the six-week mark.
On Monday, Fulton County Superior Court Judge Robert McBurney issued an order that said abortions have to be regulated the way they were before the law took effect, which means abortions would be allowed until 22 weeks.
"A review of our higher courts' interpretations of ‘liberty’ demonstrates that 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," McBurney wrote in the final order. "That power is not, however, unlimited. 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."
This story is developing. Check back for updates.
Kemp responds to ruling
Georgia Gov. Brian Kemp's office released a statement following the ruling:
"Once again, the will of Georgians and their representatives have 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."
Pro-choice advocates respond to ruling
Plaintiffs and abortion advocates hailed Monday’s ruling as a critical victory for reproductive rights in the state.
"Today’s win was hard-fought and is a significant step in the right direction towards achieving Reproductive Justice in Georgia," said Monica Simpson, executive director of SisterSong Women of Color Reproductive Justice Collective. "While true justice would mean Amber and Candi were still with us today, we will continue to demand accountability to ensure that their lives—and the lives of others—were not lost in vain."
The ruling highlights the deaths of Amber Nicole Thurman and Candi Miller, two Black women who advocates say died as a result of the ban. Supporters of the court's decision argue that the ban has disproportionately harmed communities of color.
"We are cautiously encouraged that the court has recognized every Georgian's right to abortion and privacy in health care," said Kwajelyn Jackson, executive director of Feminist Women’s Health Center. "But we also know that Georgians were facing significant barriers to care before Georgia's six-week ban went into effect."
JACKSONVILLE, FLORIDA - APRIL 30: The examination room in A Womans Choice of Jacksonville clinic, which provides abortion care on April 30, 2024, in Jacksonville, Florida. A six-week abortion ban that Florida Gov. Ron DeSantis signed will go into eff
Alice Wang, an attorney at the Center for Reproductive Rights, praised the court's decision. "For too long, the ban has caused a public health crisis," she said. "Today’s ruling is a step toward ensuring that people can access critical health care without fear of criminalization or stigma."
However, the legal battle may not be over. Georgia Attorney General Chris Carr could ask the state Supreme Court to block the ruling and reinstate the six-week abortion ban. Abortion rights advocates remain prepared to challenge any further attempts to limit access.
Julia Kaye, a senior staff attorney with the ACLU Reproductive Freedom Project, warned of the consequences if the state tries to reinstate the ban. "This law is preventing physicians from treating sick patients, exacerbating the maternal mortality crisis for Black women, and forcing Georgians to carry pregnancies that will tether them to poverty and abuse," she said.
Despite the victory, advocates emphasized that the fight for reproductive rights in Georgia is far from over.
What is Georgia's heartbeat law?
Georgia Gov. Brian Kemp signed the "heartbeat" abortion bill, known as the Living Infants Fairness and Equality Act, into law in 2019, banning abortion after approximately six weeks.
The Georgia law includes exceptions for rape and incest, provided a police report is filed, and allows for later abortions when the mother's life is at risk or a serious medical condition renders a fetus unviable.
However, a federal judge blocked the law in October 2019 before it could take effect, ruling it violated the right to abortion established by the landmark 1973 Roe v. Wade decision. In June 2022, the Supreme Court overturned Roe v. Wade, clearing the way for the Georgia law to take effect.
RELATED: Harris condemns Georgia abortion law after report links it to preventable death
In November 2022, Fulton County Superior Court Judge Robert McBurney declared the ban "unequivocally unconstitutional" because it was enacted in 2019 when Roe v. Wade permitted abortions well past six weeks. However, on October 24, 2023, the Georgia Supreme Court overturned the lower court's ruling, leaving limited abortion access unchanged for Georgia residents. Read more about it here.