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  • Axios Atlanta

    Georgia abortion ban struck down once again in ongoing legal battle

    By Maya T. PrabhuEmma Hurt,

    1 days ago

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

    Why it matters: As a result, abortions are legally allowed until about 22 weeks of pregnancy — for now.


    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 Monday order.

    Catch up fast: McBurney had in 2022 overturned the law, ruling in favor of abortion rights advocates and agreeing that it was passed illegally since Roe v. Wade had been on the books in 2019.

    • But last year the Georgia Supreme Court overturned that ruling, allowed the law to remain in effect and sent the underlying lawsuit back to Fulton County.
    • Plaintiffs vowed to continue challenging the ban using different legal arguments.

    What we're watching: "We still know there is a strong possibility this will not last very long," the executive director of nonprofit SisterSong, the lead plaintiff, Monica Simpson told the Atlanta Journal-Constitution Monday.

    • "We've seen how this looks before, unfortunately."

    Zoom in: The law prohibits abortions once cardiac activity has been detected in an embryo — generally at about six weeks, which is before many people know that they are pregnant.

    • Since it went into effect, Georgia's monthly abortion totals dropped by roughly half, according to the Society of Family Planning .
    • Two weeks ago, ProPublica reported that two Georgia women died from abortion-related complications in the months after it took effect.

    Go deeper: Read the AJC report in full

    Editor's note: This article has been updated with new details throughout.

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    Comments / 8
    Add a Comment
    Vicky Graham
    1d ago
    Let's clear the confusion on a number of issues. First, sex is not illegal or immoral. Women get to have sex. For fun. Even married, “responsible” people have unwanted pregnancies. Second, most abortions happen in the first trimester. When the fetus is not fully formed and cannot function. Third, regardless of reason, which is none of your business, abortion is a healthcare issue. Every. Time. Mind your business and stay out of other people’s healthcare. Finally, the “pro-life” crowd should be more than busy enough making actual lives better, preventing deaths through violence, and stopping wars and death sentences. But they’re not. Because “life” is not sacred to them. “Life” is not even important to them. Control is. Fetuses are just a convenient way to exercise that control.
    Rusty Boersma
    1d ago
    Great news!
    View all comments
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