In a recent ruling, a judge in Georgia deems the state's restriction on abortions past the six-week mark as unlawful, thereby permitting the procedure to continue beyond this period.
In a judgment issued recently, Judge Robert McBurney declared that Georgia's Living Infants Fairness and Equality Act, or LIFE Act, infringes upon a woman's constitutional rights within the state.
This lawsuit was initiated by SisterSong Women of Color Reproductive Collective against the state of Georgia.
As per McBurney's verdict, "When a fetus in a woman reaches the stage of viability, where society can assume care and responsibility for the separate life, it's only at this point that society may intervene. An unrestrained six-week ban on terminations after the detection of cardiac activity in a pregnancy is inconsistent with these rights and the equilibrium secured by the viability rule between a woman's liberty and privacy, and society's interest in safeguarding and caring for unborn infants."
Originally, the LIFE Act criminalized most abortions after cardiac activity was detected in an embryo, typically at around six weeks into the pregnancy.
After the US Supreme Court abolished Roe v. Wade in 2022, thereby terminating the country-wide right to abortion, it granted states the authority to enact bans. Currently, 14 states prohibit abortion at any stage of pregnancy, with some exceptions. Georgia becomes one of the four states where such bans take effect around six weeks into the pregnancy, which is often before women discover their pregnancy.
The enforcement of these bans has significantly impacted the South, where residents must travel hundreds of miles to obtain legal abortion procedures.
If this ruling holds, it may present new avenues for access to abortion not only for Georgia residents but for residents in neighboring states who are currently enduring long trips to states like North Carolina or Illinois.
Georgia has the option to appeal McBurney's decision. Kara Murray, the communications director for Georgia Attorney General Chris Carr, commented, "We believe Georgia's LIFE Act is constitutionally sound, and we will instantly appeal the decision of the lower court."
Georgia's law was enacted by its legislature in 2019 and signed by Republican Governor Brian Kemp but was barred from implementation until the Supreme Court overturned Roe v. Wade, which protected the right to an abortion for nearly five decades.
In his statement, Kemp criticized the ruling by stating, "Once more, the will of Georgians and their representatives has been subverted by a single judge's personal beliefs. Defending the lives of our most vulnerable citizens is one of our most sacred duties, and Georgia will persist in safeguarding the lives of the unborn."
Prior to the LIFE Act's implementation, an average of over 4,400 abortions were performed in Georgia each month. Post the ban, this figure has dropped to approximately 2,400 monthly abortions since 2022, based on statistics compiled by the Society of Family Planning.
Earlier, the Georgia State Supreme Court upheld the law in 2023, reversing a lower court's decision, citing, in part, "the trial court erred in relying on overruled Supreme Court decisions to conclude that portions of the LIFE Act violated the US Constitution when enacted in 2019. The same US Constitution controls today as when the LIFE Act was enacted, and Georgia courts are required to abide by the Supreme Court's current interpretation of the US Constitution when determining whether a constitutional violation exists."
In his Monday order, McBurney stated, "An examination of Georgia's higher court interpretations of 'liberty' reveals that liberty in Georgia encompasses within its protection the power of a woman to govern her own body, decide what happens to it, and reject intrusive state intervention in her healthcare choices."
In a statement from the American Civil Liberties Union, SisterSong Executive Director Monica Simpson stated, "This victory is the result of hard-fought efforts and is an important stride forward towards achieving Reproductive Justice in Georgia. We appreciate the court's recognition of bodily autonomy."
As Georgia does not provide a mechanism for citizens to introduce ballot initiatives, there is no referendum on abortion rights scheduled for the state's November elections this year. However, Democrats are attempting to maintain abortion as a major issue in the state's political discourse.
On September 20, Vice President Kamala Harris visited Atlanta to portray Republican presidential nominee Donald Trump as a threat to women's liberties and lives, cautioning of further restrictions on abortion access if Trump was re-elected. Abortion is also a key controversy in state legislative races as Democrats seek to narrow Republican majorities, particularly in the state House.
Harris visited Atlanta after ProPublica reported on two women in the state who experienced complications and died following the misuse of abortion pills to terminate their pregnancies.
Democrats argue that such deaths were a foreseeable consequence of laws that took effect after Roe v. Wade was overturned.
Since the Supreme Court's decision more than two years ago, Harris has persistently advocated for abortion rights. However, her September 20 speech was her first to focus solely on the issue since replacing President Joe Biden as the Democratic ticket's leader.
This article has been revised with additional reporting.
The Associated Press contributed to this report.
In light of the lawsuit, Georgia's controversial LIFE Act, which restricts abortions, has been declared unconstitutional by Judge McBurney, as it infringes upon a woman's rights in terms of her body and healthcare choices, which are protected within the state's interpretation of 'liberty.'
This court ruling against Georgia's LIFE Act could potentially open up new paths for accessing abortion services not only for Georgia residents but also for women residing in neighboring states with strict abortion bans.
