Republican-Appointed Judge Strikes Down Georgia Abortion Law

A Georgia judge declared Monday that the state’s abortion law, which restricted the procedure in the first six weeks of pregnancy, is unconstitutional.
The order from Fulton County Superior Judge Robert McBurney, who was appointed in 2012 by former Republican Georgia Governor Nathan Deal, reinstates Georgia’s abortion restrictions prior to the overturn of Roe v. Wade, which allows the procedure up until 22 weeks of pregnancy.
Georgia passed the Living Infants Fairness and Equality (LIFE) Act in 2019, which prohibited physicians from performing an abortion after six weeks of pregnancy. The law was struck down by a federal district court in 2020 but was allowed to take effect after the U.S. Supreme Court reversed federal protections for abortion in June 2022.
On Monday, McBurney wrote in part that his review of the “interpretations of ‘liberty'” under the state and federal Supreme Courts “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, to decide what happens to it and in it, and to reject state interference with her healthcare choices.”
This is a developing story that will be updated as information becomes available.