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You are here News Health Georgia lower court blocks state’s 6-week abortion ban

Georgia lower court blocks state’s 6-week abortion ban

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Georgia lower court blocks state abortion ban

A Georgia judge on Tuesday overturned a state law prohibiting most abortions after about six weeks of pregnancy, blocking it from being enforced.

The decision means that abortions will — for the first time since July — in most cases be allowed in Georgia, up to 22 weeks of pregnancy. The ruling is, however, likely to be appealed and make its way to the Georgia Supreme Court.

In his order, Fulton County Superior Court Judge Robert McBurney wrote that two major sections of Georgia’s 2019 abortion law were “plainly unconstitutional when drafted” and therefore void.

“At that time — the spring of 2019 — everywhere in America, including Georgia, it was unequivocally unconstitutional for governments — federal, state, or local — to ban abortions before viability … Such bans were banned,” McBurney wrote. “[The statute] did not become the law of Georgia when it was enacted and it is not the law of Georgia now.”

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