A Georgia judge overturned the state’s “heartbeat” abortion law, which prohibited the termination of most pregnancies after six weeks.
Fulton County Superior Court Judge Robert McBurney declared that Georgia’s 2019 heartbeat bill was unconstitutional because “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.”
When the U.S. Supreme Court overturned Roe v. Wade in 2022 and gave control over abortion laws back to the states, a bill signed by Gov. Brian Kemp (R-GA) went into effect. The legislation effectively prohibited the termination of pregnancies after a heartbeat is detected.
Under McBurney’s ruling, women will be able to obtain an abortion until the point of viability, at roughly 20-24 weeks, or when the baby is able to survive outside the womb.
McBurney said his decision would allow women to “reject state interference” with what he described as “healthcare choices.”
“That power is not, however, unlimited,” he wrote in a 26-page ruling. “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.”
Kemp slammed the ruling on Monday for overturning “the personal beliefs” of Georgia residents.
“Once again, the will of Georgians and their representatives have been overruled by the personal beliefs of one judge,” Garrison Douglas, a spokesman for the governor’s office told WABE. “Protecting the lives of the most vulnerable among us is one of our most sacred responsibilities.”
The superior court’s ruling will likely face an appeal from anti-abortion groups who have already blasted the “activist” judge’s decision.
“Our team is reviewing this atrocious activist ruling that denies the humanity of unborn children with beating hearts & would legalize late-term abortions in Georgia,” Susan B. Anthony Pro-Life America wrote in a post to X.
Our team is reviewing this atrocious activist ruling that denies the humanity of unborn children with beating hearts & would legalize late-term abortions in Georgia.https://t.co/qUy2MIWBvC
— SBA Pro-Life America (@sbaprolife) September 30, 2024
The Georgia court decision comes as abortion policy has taken front stage leading up to Election Day. From Florida to New York, voters across 10 states will consider abortion measures on their ballot this November.
Meanwhile, Vice President Kamala Harris and former President Donald Trump continue to spar over the issue with just 35 days until the election.
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During the pair’s first presidential debate earlier this month, Trump accused Harris of taking a “radical” stance on abortion and said her running mate, Gov. Tim Walz (D-MN), supported “abortion in the ninth month.” There is no evidence Walz has done this.
Meanwhile, Harris has alleged Trump will sign a national ban on abortion into law if he wins a second term. The former president’s campaign has repeatedly indicated he would veto such a ban.