Georgia attorney general appeals Fulton judge's rollback of abortion ban

Abortion-rights supporters rally in front of the Georgia State Capitol after the overturning of Roe. Wade by the US Supreme Court on June 25, 2022. (Matthew Pearson/WABE)

Georgia’s Republican attorney general has appealed a judge’s ruling that struck down the state’s abortion ban.

Attorney General Chris Carr’s office is asking the Georgia Supreme Court to reinstate the law banning most abortions after the first six weeks or so of pregnancy while the court considers the state’s appeal.

Fulton County Superior Court Judge Robert McBurney ruled Monday that the ban in place since 2022 violated women’s rights to liberty and privacy under Georgia’s state constitution. His decision rolled back abortion limits in the state to a prior law that allowed abortions until viability, roughly 22 to 24 weeks into a pregnancy.

Some Georgia clinic officials said they would begin accepting patients whose pregnancies are past six weeks’ gestation, though they’re aware the ban could be reimposed quickly.

Carr’s office noted in its notice of appeal filed Tuesday that the case goes straight to Georgia’s highest court because it involves a challenge to the constitutionality of a state law.

The judge’s ruling left 13 U.S. states with bans on abortion at all stages of pregnancy and three that bar them after the first six weeks or so of pregnancy.

Abortion rights advocates praised the ruling and opponents denounced it — all knowing the state’s top court could put it on hold in coming days or weeks.

Any changes to abortion policy in Southern states could have an impact that resonates beyond their borders. Most states in the region have bans in place, forcing women who are seeking abortion procedures to travel to obtain them.

So as long as the ban is lifted, it could change abortion-related travel patterns. And the ruling puts another spotlight on a contested state in this year’s presidential election, in which Democrats have sought to make abortion a major issue.