A Fulton County Judge has struck down parts of Georgia’s restrictive ban on all abortions after six weeks, calling the law unconstitutional.
The law, called the “Living Infants Fairness and Equality Act” or “LIFE Act,” was passed in April 2019. It bans all abortions after fetal cardiac activity can be detected, which usually occurs after 6 weeks.
The LIFE Act could not go into effect when it was passed, as the standing Roe v Wade decision protected the right of women to pre-viability abortions on a federal level.
It was struck down by Judge Robert McBurney, who noted that it was unconstitutional to ban abortions before viability when the law was passed in 2019.
“At that time – the spring of 2019 – everywhere in America, including Georgia, it was unequivocally unconstitutional for governments – federal, state, or local – to ban abortions before viability,” McBurney wrote.
McBurney found two sections of the LIFE Act “plainly unconstitutional” and barred their enforcement.
The Georgia Attorney General’s Office plans to appeal the decision immediately.