Abortion rights protesters rally near the Georgia state Capitol in Atlanta, on May 14, (Ben Gray/Atlanta Journal-Constitution via AP)
A Georgia judge has overturned the state’s abortion law, which was enacted in 2022 and banned abortions after approximately six weeks of pregnancy. The ruling came from Fulton County Superior Court Judge Robert McBurney, who stated that the law violates the Georgia Constitution. In his order, he emphasized that “liberty in Georgia includes… the power of a woman to control her own body and to reject state interference with her healthcare choices.”
The U.S. Supreme Court's decision to overturn Roe v. Wade in 2022 allowed states to impose their own abortion restrictions. Currently, thirteen states have banned abortions entirely, while Georgia is one of four states that set limits after around six weeks, often before many women even realize they are pregnant. With McBurney's ruling, abortions will now be allowed up to at least 20 weeks.
Georgia Attorney General Chris Carr's office plans to appeal the decision to the state Supreme Court. Previously, the court had reversed an earlier ruling by McBurney that also struck down the law. “We believe Georgia's life act is fully constitutional,” said Kara Murray, a spokesperson for Carr.
The effects of the bans are especially significant in the South, where many individuals live far from states that allow legal abortions. If the ruling remains in place, it could enhance access to abortion not just in Georgia but also for residents of neighboring states.
The law, initially passed in 2019 and signed by Republican Governor Brian Kemp, was blocked until Roe v. Wade was overturned. Kemp criticized the recent ruling, stating that “the will of Georgians and their representatives has been overruled by the personal beliefs of one judge.” He reaffirmed his commitment to protecting the lives of the vulnerable.
Responses to the ruling varied widely. Carol Tobias, president of the National Right to Life Committee, condemned it as “ridiculous,” suggesting that the judge is disregarding higher court decisions. Conversely, Monica Simpson of the SisterSong Women of Color Reproductive Justice Collective, one of the lawsuit's plaintiffs, celebrated the outcome, noting that it felt like their efforts had finally paid off.
Abortion providers in Atlanta are cautiously optimistic about the ruling. Carafem plans to expand its services, while Melissa Grant, co-founder, expressed concern about the uncertainty that may follow. “Staff and clients will be living with this possibility hanging over immediate change,” she noted. Meanwhile, the Feminist Women’s Health Center has pledged to continue providing care regardless of fetal heartbeat detection.
The law's prior enforcement had seen a sharp decline in abortions, with more than 4,400 procedures a month before its implementation, dropping to an average of about 2,400 since the ban took effect. The recent ruling restores the ability to terminate pregnancies up to roughly 20 weeks. Judge McBurney highlighted that the right to privacy in Georgia includes personal healthcare decisions, noting that societal intervention should only occur when a fetus reaches viability.
Claire Bartlett of the Georgia Life Alliance expressed confidence that the state Supreme Court would ultimately reverse McBurney's decision, arguing that he improperly created a constitutional right to abortion. There are currently no plans for a public referendum on abortion rights in Georgia, but Democrats are emphasizing the issue in upcoming elections.
Vice President Kamala Harris recently visited Atlanta to address abortion rights, framing Republican Donald Trump as a threat to women’s freedoms. Her visit followed reports of two women who died after complications related to abortion pills, underscoring the potential dangers of restrictive laws. Harris has been a strong advocate for abortion rights since the Supreme Court's decision two years ago.
