Georgia judge blocks six-week abortion ban

On Tuesday, November 15, Judge Robert McBurney blocked Georgia’s six-week abortion ban, finding that it violated legal precedent when it was passed in 2019, under Roe v. Wade.[1] The law took effect only after Roe was overturned and denied women the right to abortions after a heartbeat was detected. This measure blatantly violates the precedent set in Roe, which allowed for abortion until viability. The law had exceptions for cases of rape and incest, contingent on the filing of a police report.[2] It also allowed for abortions if the pregnancy would threaten the woman’s life or if the fetus became unviable due to a medical condition. In his decision, Judge McBurney stated that the ban “did not become the law of Georgia when it was enacted and it is not the law of Georgia now.”[3] He leaves open the possibility of it eventually becoming law again if a new bill is passed by the state legislature now that Roe has been overturned as he did not rule on whether the law violated the Georgia Constitution and the right to privacy. He acknowledges that any legislative measures to restore the ban would occur “… in the sharp glare of public attention that will undoubtedly and properly attend such an important and consequential debate whether the rights of unborn children justify such a restriction on women’s right to bodily autonomy and privacy.” [4]

This is a debate that is occurring throughout the country as fallout from the Supreme Court’s decision in Dobbs v. Jackson, with the midterm elections providing voters a voice in the abortion question.[5] Montana voters rejected a measure that would have put increased restrictions on abortion, specifically criminalizing healthcare providers who perform abortions. Kentucky voters voted down a measure that would have added abortion restrictions to the state constitution.[6] Michigan, Vermont, and California voters approved amendments protecting abortion rights, reproductive rights, and bodily autonomy rights in their respective state constitutions.[7] The deprivation of the right to an abortion resonated strongly with the American people as evidenced by this overwhelming support of bodily autonomy and the right to choose.