Judge rules Georgia’s restrictive abortion law unconstitutional

September 30th, 2024

Around 80 people gathered at Liberty Plaza outside the Georgia State Capitol for a rally for reproductive rights on Saturday, Sept. 28, 2024. The rally was organized by SisterSong, which is the plaintiff in the lawsuit that led to Georgia's 2019 abortion law being struck down on Sept. 30. (Meimei Xu/WABE)

This story was updated on Monday, Sept. 30 at 6:21 p.m.

A state judge has again struck down Georgia’s roughly six-week abortion ban.

The 2019 law only took effect in 2022 after the U.S. Supreme Court overturned Roe v. Wade. The controversial legislation, backed by Republicans and signed into law by Gov. Brian Kemp, prohibited most abortions in Georgia after about six weeks, or when fetal cardiac activity is detected.

In a 26-page ruling, Fulton Superior Judge Robert McBurney found Georgia’s law unconstitutional and ruled that it cannot be enforced. That means abortions can resume beyond six weeks, up until roughly 20 to 22 weeks of pregnancy.

“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 Monday ruling, which will likely be appealed.

“We believe Georgia’s LIFE Act is fully constitutional, and we will immediately appeal the lower court’s decision,” Kara Murray, communications director for the office of Georgia Attorney General Chris Carr, wrote in a a statement, referring to the 2019 abortion law.

Fulton County Superior Court Judge Robert McBurney at a hearing in the 2020 Georgia election interference case in January 2023. (Matthew Pearson/WABE)

McBurney first overturned the new abortion law on grounds that it was void because Roe v. Wade was the law of the land at the time it was passed. But last year, the Georgia Supreme Court overturned that ruling – allowing the law to once again take effect.

The justices returned the case to the lower court to consider other legal issues raised by the plaintiffs, including whether privacy rights in Georgia’s constitution conflict with the restrictive abortion law.

Georgia’s abortion laws have drawn renewed attention in recent weeks after a ProPublica investigation reported that a state panel ruled two women’s deaths preventable and likely the result of the restrictive law. Democratic presidential nominee Kamala Harris visited Atlanta last week to highlight the story.

“We are cautiously encouraged that the court has recognized every Georgian’s right to abortion and privacy in health care, and Feminist Women’s Health Center is ready to expand our abortion services immediately in accordance with this law,” Kwajelyn Jackson, executive director of Feminist Women’s Health Center, wrote in a statement.

The governor’s office criticized the ruling.

“Once again, the will of Georgians and their representatives have been overruled by the personal beliefs of one judge,” Garrison Douglas, a Kemp spokesperson wrote in a statement. “Protecting the lives of the most vulnerable among us is one of our most sacred responsibilities.”

This is a developing story and will be updated. WABE’s Rahul Bali contributed to this report.