Georgia judge overturns six week abortion ban

Georgia’s Six-Week Abortion Ban Ruled Unconstitutional By Fulton County Judge

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A judge has ruled that some parts of Georgia’s six-week abortion ban were unconstitutional after reviewing the state’s LIFE Act.

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The ‘Living Infants Fairness and Equality’ Act was passed in April 2019, which bans abortions after six weeks if a fetal heartbeat is detected. According to Metro UK, the LIFE Act could not go into effect because of Roe v. Wade protecting the abortion rights of women on a federal level in the United States. Earlier this week, Fulton CountyJudge Robert McBurney deemed the ban unconstitutional since the law was passed before viability.

‘At that time – the spring of 2019 – everywhere in America, including Georgia, it was unequivocally unconstitutional for governments – federal, state, or local – to ban abortions before viability.  And yet the LIFE Act, through Section 4, did just that: a doctor faced with a request to end a pre-viability pregnancy, i.e., at a time when the fetus absolutely could not survive outside the mother’s womb, would be committing a felony if she honored her patient’s wishes.’

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Judge McBruney also stated that Georgia’s legislators are free to pass a new law after a decision in July but it will be scrutinized under the public eye.

‘[It] will undoubtedly and properly attend such an important and consequential debate whether the rights of unborn children justify such a restriction on women’s right to bodily autonomy and privacy’

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