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Georgia Abortion
FILE - Abortion rights protesters rally near the Georgia state Capitol in Atlanta, on May 14, (Ben Gray/Atlanta Journal-Constitution via AP)

Judge strikes down Georgia ban on abortions, allowing them to resume beyond 6 weeks into pregnancy

A Georgia judge has struck down the state’s abortion law, which took effect in 2022 and effectively prohibited abortions beyond about six weeks of pregnancy

By KATE BRUMBACK and JEFF AMY
Published - Sep 30, 2024, 06:45 PM ET
Last Updated - Dec 16, 2024, 06:46 PM EST

ATLANTA (AP) — A Georgia judge on Monday struck down the state's abortion law, which took effect in 2022 and effectively prohibited abortions beyond about six weeks of pregnancy.

Fulton County Superior Court Judge Robert McBurney wrote in his order that the law violates Georgia's Constitution, finding 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.”

When the U.S. Supreme Court overturned Roe v. Wade in 2022 and ended a national right to abortion, it opened the door for state bans. Thirteen states now bar abortion at all stages of pregnancy, with some exceptions. Georgia was one of four where bans begin after about the first six weeks of pregnancy — often before women realize they’re pregnant.

McBurney's ruling would allow abortions through at least 20 weeks of pregnancy.

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