Georgia abortion ban struck down once again in ongoing legal battle

By Axios | Created at 2024-09-30 20:16:00 | Updated at 2024-10-01 11:33:18 15 hours ago
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A Fulton County superior court judge struck down Georgia's 2022 ban on abortion after about six weeks of pregnancy on Monday, the Atlanta Journal-Constitution reports.

Why it matters: As a result of the judge's decision, abortions are now legally allowed until about 22 weeks of pregnancy, per the AJC.


What they're saying: "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," Fulton County Superior Judge Robert McBurney wrote in the order issued Monday.

Catch up fast: The law had been sent back to Fulton County court by the state Supreme Court over a different argument against the law last year.

  • That case was over a prior ruling from the same Fulton County judge, McBurney, that the law was unconstitutional.
  • Abortion rights advocates said they planned to continue challenging the law using different legal arguments, including whether it violates Georgians' constitutional rights to privacy and equal protection.

Zoom in: The state law prohibits abortions once cardiac activity has been detected in an embryo — generally at about six weeks, which is before many people know that they are pregnant.

Editor's note: This is a developing story. Check back for updates.

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