Georgia Judge Strikes Down State’s Abortion Ban in Stunning Ruling

A Georgia judge on Monday struck down the state’s six-week abortion ban.

Fulton County Superior Judge Robert McBurney quoted “liberty” in a ruling that rejected the controversial ban outlawing abortion after six weeks, before many people know they are pregnant. Abortions in the state will now be allowed until 22 weeks, as they were before the reversal of Roe v. Wade in 2022 , when Georgia Governor Brian Kemp signed into law the six-week ban.

McBurney had some choice words for politicians in his ruling, writing, “It is not for a legislator, a judge, or a Commander from The Handmaid’s Tale to tell these women what to do with their bodies during this period when the fetus cannot survive outside the womb any more so than society could – or should – force them to serve as a human tissue bank or to give up a kidney for the benefit of another.”

He added, “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.”

The state law prohibited abortions after six weeks, based on the misleading notion that a “heartbeat” could be detected in an embryo around that time. In reality, an embryo does not have a heart at six weeks, let alone cardiac activity. A fetus is also not viable outside the body till much later in a pregnancy.

McBurney got the chance to rule on the law after it was sent back to Fulton County court by the state Supreme Court last year.

Georgia’s restrictive abortion ban killed at least two women since its passage and caused Georgia’s monthly abortion totals to drop by roughly half .

This story has been updated.