A judge ruled that Georgia’s law banning most abortions after six weeks, adding that it violated the U.S. Constitution and U.S. Supreme Court precedent when it was enacted three years ago and was therefore void.
The law prohibited most abortions once a “detectable human heartbeat” was present, effectually banning most abortions in Georgia before many people knew they were pregnant. Cardiac activity can be detected by ultrasound in cells within an embryo that will eventually become the heart around six weeks into a pregnancy.
While McBurney did not rule on that claim, his decision agreed with a different argument made in the lawsuit — that the ban was invalid because when it was signed into law in 2019, U.S. Supreme Court precedent under Roe. v. Wade and another ruling allowed abortion well past six weeks. The Superior Court of Fulton County declined to issue an injunction on the law while the case was litigated. The ruling Tuesday, however, makes it clear that the parts of the law limiting abortion were illegal at the time they were passed and are therefore illegal still.
The ruling would not prevent the state legislature from passing a similar or even more restrictive ban under the new constitutional framework of Dobbs v. Jackson, the ruling earlier this year that overturned the constitutional right to an abortion. Still, the organizations that brought the suit celebrated the ruling as a win.
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