Georgia judge rules to overturn state’s heartbeat abortion law

ATLANTA — A Fulton County State Supreme Court judge has ruled that the state’s heartbeat abortion law violates that state’s constitution, making the law illegal.

Fulton County Superior Court Judge Robert McBurney handed down his ruling Monday afternoon after the Georgia Supreme Court sent the case back to Fulton County nearly a year ago to address each part of the law and determine its constitutionality.

In his order, McBurney said, “The law of Georgia reverts to what was (and remains) constitutional in this State at the time of the LIFE Act’s passage.”

At the time the bill was signed into law, Roe v. Wade was still the law of the land.

The heartbeat abortion law has been in legal battles since Gov. Brian Kemp first signed it in 2019.

The courts made several key rulings on the law in 2022.

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In a statement from Gov. Brian Kemp’s office, he said:

“Once again, the will of Georgians and their representatives have been overruled by the personal beliefs of one judge. Protecting the lives of the most vulnerable among us is one of our most sacred responsibilities, and Georgia will continue to be a place where we fight for the lives of the unborn.”

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