A Georgia law banning abortion after six weeks of pregnancy cannot be enforced, a state judge ruled on Tuesday, handing a victory to Planned Parenthood and other abortion rights groups that challenged the restriction when it took effect this summer.
Judge Robert McBurney of the Superior Court of Fulton County said the law was void at the time it was passed in 2019 under the U.S. Supreme Court's Roe v. Wade ruling, which established a federal right to abortion in 1973.
The law banned abortion after fetal cardiac activity is detected, typically around six weeks of pregnancy and often before a woman knows she is pregnant. It made exceptions for abortions to save the mother's life and for rape that is reported to the police. With its six-week ban struck down, Georgia now allows abortion up to 22 weeks, according to the Guttmacher Institute, a reproductive rights advocacy research group.
A spokesperson for Georgia Governor Brian Kemp, a Republican, said the state had "already filed a notice of appeal" on Tuesday afternoon, and would "continue to fight for the lives of Georgia’s unborn children."
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