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Headline Roundup September 30th, 2024

Judge Rules Georgia's Six-Week Abortion Law Unconstitutional

Summary from the AllSides News Team

A Fulton County Superior Court judge declared Georgia's "heartbeat" abortion law violates the state's constitution on Monday. Though further legal action is expected, abortions are now legal in Georgia up to 22 weeks of pregnancy.

The Details: Judge Robert McBurney issued the ruling, asserting that abortion is protected by the Georgia constitution's guarantee of "liberty." The law was passed in 2019 and went into effect in 2022 after the U.S. Supreme Court overturned Roe v. Wade. The decision will likely be appealed to the Georgia Supreme Court.

Key Quote: Judge McBurney said judicial precedent "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... When a fetus growing inside a woman reaches viability, when society can assume care and responsibility for that separate life, then – and only then – may society intervene."

How the Media Covered It: Fox News (Right bias) and the Georgia Recorder (Center) noted that McBurney had struck down the law in 2022 only to be overruled 6-1 by the Georgia Supreme Court. Fox also pointed out the law's exceptions for rape and incest. Axios (Lean Left) mentioned that abortions in Georgia had "dropped by roughly half" since the law went into effect.

Dive Deeper: AllSides recently published an analysis of a two-part ProPublica investigation that tied Georgia's "heartbeat" law to the deaths of two women.

Featured Coverage of this Story

From the Left
Georgia abortion ban struck down once again in ongoing legal battle
Georgia abortion ban struck down once again in ongoing legal battle

Elijah Nouvelage/Bloomberg via Getty Images

News

A Fulton County superior court judge struck down Georgia's 2022 ban on abortion after about six weeks of pregnancy on Monday, the Atlanta Journal-Constitution reports.

Why it matters: As a result of the judge's decision, abortions are now legally allowed until about 22 weeks of pregnancy, per the AJC.

What they're saying: "When a fetus growing inside a woman reaches viability, when society can assume care and responsibility for that separate life, then — and only then — may society intervene," Fulton County Superior Judge Robert McBurney wrote in the order issued Monday.

Open on Axios
From the Right
Georgia judge overturns state’s six-week ‘heartbeat’ abortion law, calls it 'unconstitutional'
Georgia judge overturns state’s six-week ‘heartbeat’ abortion law, calls it 'unconstitutional'

Stefani Reynolds/AFP via Getty Images

News

A judge in Fulton County, Georgia, has overturned the state’s "Heartbeat Law" on abortion, which made it illegal to terminate a pregnancy after six weeks.

Fulton County Superior Court Judge Robert McBurney issued the order on Monday, saying abortions must be regulated the way they were before the "Heartbeat Law" went into effect, meaning abortions could be allowed until the 22-week mark.

Open on Fox News Digital
From the Center
Fulton County judge strikes down Georgia’s six-week abortion ban as unconstitutional
Fulton County judge strikes down Georgia’s six-week abortion ban as unconstitutional

Stanley Dunlap/Georgia Recorder

News

A Fulton County judge has ruled that Georgia’s six-week abortion ban is unconstitutional under the state constitution, allowing abortions to be performed again in Georgia as before the law took effect.

Fulton County Superior Court Judge Robert C. I. McBurney released his long-awaited ruling Monday on the broader question at the center of a lawsuit filed in 2022: Does the Georgia Constitution’s protections for liberty and privacy include a right to an abortion?

McBurney has concluded that it does – to a point.

Open on Georgia Recorder

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