Judge Overturns Georgia Heartbeat Bill Banning Abortion After Six-Weeks

WASHINGTON, DC - JANUARY 20: Anti-abortion activists hold a moment of prayer during a protest outside of a Planned Parenthood clinic on January 20, 2022 in Washington, DC. The protest was organized by the Purple Sash Revolution and Priests for Life, calling for defunding and replacing of Planned Parenthood. On Friday, thousands of anti-abortion activists are expected in Washington, DC for the annual March For Life. (Photo by Drew Angerer/Getty Images)

At a glance

  • McBurney said in his 15-page ruling that when lawmakers signed the bill, “everywhere in America, including Georgia, it was unequivocally unconstitutional for governments — federal, state, or local — to ban abortions before viability,” adding the state’s law “did not become the law of Georgia when it was enacted, and it is not the law of Georgia now.”
  • “What does this ruling mean?” McBurney wrote. “Most fundamentally, it means that courts — not legislatures — define the law,” adding that “if the courts have spoken, clearly and directly, as to what the law is, as to what is and is not constitutional, legislatures and legislators are not at liberty to pass laws contrary to such pronouncements.”
  • Life News reports state attorneys argued the judge should view the abortion ban in light of the Dobbs v. Jackson Women’s Health Organization ruling since Roe v. Wade no longer applies.

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