A Georgia county judge on Tuesday blocked the state’s ban on abortions after six weeks of pregnancy, saying the law was unconstitutional when the state legislature approved it in 2019 — more than three years before the U.S. Supreme Court revoked the constitutional right to abortion.The county judge’s ruling will allow the immediate legal resumption in the state of abortions performed after the sixth week of pregnancy — a time when most women have not yet even realized they are pregnant.
Judge Robert C.I. McBurney, Fulton County Superior Court, wrote in his order that the six week ban was put into effect. “everywhere in America, including Georgia, it was unequivocally unconstitutional for governments — federal, state, or local — to ban abortions before viability.”
The law was passed before Roe v. Wade 1973 was overturned by the U.S. Supreme Court. According to the judge, the ban should be viewed through a 2019 lens.
Judge McBurney said that the six-week ban had been lifted “may someday become the law of Georgia,” Although lawmakers operate in a post Roe legal environment now, the existing law was not in compliance with the U.S. Supreme Court’s precedent.
The Georgia Attorney General’s Office is appealing the ruling, according to Kara Richardson, a spokeswoman for Attorney General Chris Carr.
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The decision comes a week after the country’s midterm elections, in which the abortion issue played a key role — especially in GeorgiaIn this tight U.S. Senate race (between Raphael Warnock, a Democratic incumbent, and Herschel Walk, a Republican challenger), a runoff is underway.
In GeorgiaAbortion was a central issue in the Senate campaign. Two women claim that Walker advised them to have an abortion and, in one instance, paid for it. Mr. Walker, who denies the claims, has said he supports the state’s abortion ban. Mr. Warnock stated that he supports abortion rights, as defined in Roe V. Wade. This law states that a woman has the constitutional right to terminate her pregnancy until the fetus can survive outside of the womb. This is generally around 23 weeks. In June, the U.S. Supreme Court revoked that right.
Gov. Brian Kemp, a Republican, who signed Georgia’s six-week abortion ban into law, won re-election last week, defeating the Democratic challenger, Stacey Abrams.
The Georgia The ban went into effect in July, approximately one month after the Supreme Court decision allowing states to ban abortions or impose additional restrictions.
AbortionAdvocates for human rights have been trying to reverse bans in courts. Arizona and Ohio judged earlier this month to temporarily suspend state laws prohibiting abortion. South Carolina’s Supreme Court is hearing arguments on that state’s abortion ban.
The trial lasted two days. Georgia Last month, providers and advocates for abortion rights highlighted the dangers associated with giving birth. GeorgiaAccording to the researchers, the maternal mortality rate is one of the highest in the country. worst in the nation.
Although the state bans abortions after the sixth week, providers can perform an abortion later if the pregnancy is a threat to the mother’s life. If you are pregnant or in imminent danger “the substantial and irreversible physical impairment of a major bodily function of the pregnant woman.”
Julia Kaye, an attorney representing Georgia abortion providers and advocates, argued against the state’s ban, saying that the goal of protecting a fetus does not give the government “a free pass to impose this tremendous intrusion onto Georgians’ lives, bodies and health.”
Attorneys representing the state challenged links between abortion restrictions and maternal outcomes throughout the trial.
“We have the ability with our medical care today to drastically decrease the number of these maternal deaths, right now, without resorting to abortion,” Ed Trent, an attorney representing Georgia.
His opinion: Judge McBurney claimed that McBurney was right. Georgia Legislative “may debate whether the rights of unborn children justify such a restriction on women’s right to bodily autonomy and privacy.”
Ms. Kaye was pleased Judge McBurney’s ruling as a “sigh of relief” For Georgia Residents, however, she cautioned that the suspension for six weeks of the ban was not a long-term solution to protecting access to abortion in the state.
“Today’s decision was a victory for justice, compassion, and medicine, but we know Governor Kemp will keep trying to put his cruel ban back into effect,” She spoke. “We won’t stop fighting until every person has the power to decide if and when to have a child, in Georgia and across this country.”