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Judge rules Georgia’s restrictive abortion law unconstitutional

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Georgia abortion ban ruled unconstitutional

A state judge has again struck down Georgia’s roughly six-week abortion ban.

The 2019 law only took effect in 2022 after the U.S. Supreme Court overturned Roe v. Wade. The controversial legislation, backed by Republicans and signed into law by Gov. Brian Kemp, prohibited most abortions in Georgia after about six weeks, or when fetal cardiac activity is detected.

In a 26-page ruling, Fulton Superior Judge Robert McBurney found Georgia’s law unconstitutional and ruled that it cannot be enforced. That means abortions can resume beyond six weeks, up until roughly 20 to 22 weeks of pregnancy.

“A review of our higher courts’ interpretations of ‘liberty’ demonstrates that 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,” McBurney wrote in the Monday ruling, which will likely be appealed.

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