Judge overturns Georgia's six-week abortion law, reinstates 22-week limit

A Georgia judge has ruled that the state's six-week abortion ban is unconstitutional , allowing abortions to be performed later in pregnancy. The decision, delivered by Fulton County superior court judge Robert McBurney on Monday, overturns the 2022 ban, reinstating the previous limit of 22 weeks for terminations, according to CBS News .

McBurney's ruling means Georgia can no longer enforce its controversial six-week ban , which took effect after the US Supreme Court 's 2022 decision to overturn Roe v. Wade, the landmark ruling that once safeguarded abortion rights in the US. This decision triggered a wave of abortion restrictions across the country. The ban, passed in 2019, prevented abortions once foetal cardiac activity was detected, typically around six weeks—often before many women know they are pregnant.

In his order, McBurney acknowledged the state's interest in protecting "unborn" life but noted that a woman's rights must take precedence until the foetus can survive independently. "The State's interest in protecting 'unborn' life is compelling, but until that life can be sustained by the State, the balance of rights favours the woman," he wrote.

The judge further argued that women should have the autonomy to make decisions about their own bodies. "For these women, the liberty of privacy means that they alone should choose whether they serve as human incubators for the five months leading up to viability," McBurney added. "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."

Georgia’s abortion law, one of the strictest in the US, was enacted following the Supreme Court's decision to revoke federal protections for abortion rights. The ruling in Fulton County returns the state to its pre-ban status, allowing abortions up to around 22 weeks.