Georgia's ban on abortion starting around six weeks into a pregnancy has been overturned by a judge.
, which had protected the right to an abortion for nearly 50 years. The 11th U.S. Circuit Court of Appeals allowed Georgia to begin enforcing its abortion law just over three weeks after the high court's decision in June.
McBurney wrote in his ruling that when the law was enacted, "everywhere in America, including Georgia, it was unequivocally unconstitutional for governments -- federal, state, or local -- to ban abortions before viability." He wrote that the state's law "did not become the law of Georgia when it was enacted, and it is not the law of Georgia now."
The state has argued that the Roe decision itself was wrong and the Supreme Court ruling wiped it out of existence. Now that the Supreme Court has overturned Roe v. Wade, the prohibition on abortions provided for in the 2019 law "may someday become the law of Georgia," he wrote. But, he wrote, that can happen only after the General Assembly "determines in the sharp glare of public attention that will undoubtedly and properly attend such an important and consequential debate whether the rights of unborn children justify such a restriction on women's right to bodily autonomy and privacy."
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