A Georgia judge overturned the state’s law banning abortions after fetal cardiac activity is detected, extending the legal cutoff for the procedure to 22 weeks of pregnancy. The law, known as the Living Infants Fairness and Equality (LIFE) Act, was signed by Gov. Brian Kemp in 2019 and took effect in 2022 following the U.S. Supreme Court’s decision to overturn the federal right to abortion. However, Fulton County Superior Court Judge Robert McBurney ruled the law unconstitutional, stating that a woman’s liberty in Georgia includes the right to control her body and make healthcare choices without state interference.
The judge emphasized that the right to have an abortion is not unlimited and that society may intervene only when a fetus reaches viability. Fetal cardiac activity can typically be detected around six weeks of pregnancy, and Georgia’s law previously banned abortions after that point, with exceptions for cases of rape, incest, and medical emergencies.
McBurney’s ruling means that Georgia’s abortion law will revert back to a 2012 law that restricted the procedure after 22 weeks of pregnancy, at least temporarily. The state intends to continue fighting the case, with a potential appeal pending. The lawsuit challenging the law was brought by SisterSong Women of Color Reproductive Justice Collective, the American Civil Liberties Union (ACLU), and other pro-abortion organizations.
Monica Simpson, executive director of SisterSong, hailed the ruling as a significant step towards bodily autonomy, while critics expressed concern over the impact on access to abortion services in Georgia. The legal battle over abortion rights in the state is ongoing, with both sides preparing for further litigation.
The Associated Press contributed to this report.
