By In a landmark ruling Monday, Fulton County Superior Court Judge Robert McBurney struck down Georgia’s controversial abortion law, effectively lifting the ban on abortions after six weeks of pregnancy.
The decision overturns the 2019 law that took effect in 2022 following the U.S. Supreme Court’s reversal of Roe v. Wade. Judge McBurney wrote in his order, “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 ruling, if it stands, could significantly alter abortion access not only in Georgia but potentially in neighboring states where strict bans are in place. It opens the possibility for Georgia to become a destination for those seeking abortions in the Southeast, where many face long journeys to states like North Carolina or Illinois for procedures.
Georgia Governor Brian Kemp, who signed the original bill into law, expressed his disappointment: “Once again, the will of Georgians and their representatives has been overruled by the personal beliefs of one judge,” Kemp said in a statement. The state plans to appeal the decision, according to Attorney General Chris Carr’s office.
The impact of the ban was substantial. Before its implementation, Georgia saw more than 4,400 abortions monthly. This number dropped to about 2,400 after the ban took effect, according to data from the Society of Family Planning.
Monica Simpson, executive director of SisterSong Women of Color Reproductive Justice Collective, one of the plaintiffs in the lawsuit, celebrated the ruling: “Since we’ve seen these direct attacks here in the South, in particular, on abortion access, we have been in a deep defensive posture for a really long time. It feels like our work has not been in vain.”
However, the legal battle is far from over. The state’s appeal could lead to the ruling being put on hold, creating uncertainty for providers and patients. Melissa Grant, co-founder of carafem, an abortion provider in Atlanta, expressed concern about this possibility: “Staff and clients will be living with this possibility hanging over immediate change, and that can be devastating to people who are trying to plan their lives and try to take care of their health.”
The Georgia case highlights the ongoing national debate over abortion rights. Vice President Kamala Harris recently visited Atlanta, emphasizing the issue’s importance in the upcoming elections and criticizing potential further restrictions under a second Trump presidency.
The ruling also comes in the wake of reports about two women in Georgia who died after complications from taking abortion pills, raising questions about the impact of restrictive laws on women’s health and safety.
