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.”
Carol Tobias, president of the National Right to Life Committee, called the ruling “ridiculous.”
“This judge is an activist judge who is ignoring higher court rulings to do what he wants,” she said in an interview. “And I don’t think it’s going to stand.”
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.
McBurney's ruling would allow abortions through at least 20 weeks of pregnancy.
Kara Murray, a spokesperson for Georgia Attorney General Chris Carr, said he would immediately appeal to the state supreme court. The state high court earlier reversed a separate ruling by McBurney that had struck down the law on different grounds and could put Monday's ruling on hold pending an appeal.
“We believe Georgia's life act is fully constitutional,” Murray said.
Georgia’s law was passed by state lawmakers and signed by Republican Gov. Brian Kemp in 2019 but it was initially blocked from taking effect until the Supreme Court overturned Roe v. Wade, which had protected the right to an abortion for nearly 50 years.
Kemp has in the past tried to soften its political impact by trying to focus on the health of mothers. Monday, he attacked the ruling.
“Once again, the will of Georgians and their representatives has been overruled by the personal beliefs of one judge,” Kemp said in a statement. “Protecting the lives of the most vulnerable among us is one of our most sacred responsibilities, and Georgia will continue to be a place where we fight for the lives of the unborn.”
