Georgia’s six-week abortion ban ruled unconstitutional

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Georgia’s six-week abortion ban is unconstitutional, Fulton County Superior Court Judge Robert McBurney ruled Monday, permitting abortions to resume later into pregnancies. 

The order means the state can’t enforce the six-week ban that took effect in 2022. Abortions may continue to be performed until around 22 weeks of pregnancy. 

“While the State’s interest in protecting ‘unborn’ life is compelling, until that life can be sustained by the State — and not solely by the woman compelled by the Act to do the State’s work — the balance of rights favors the woman,” McBurney wrote in his ruling. 

When the Supreme Court overturned Roe v. Wade in 2022, Georgia was one of the states where a ban automatically kicked in at about six weeks, which is sometimes before a woman realizes she is pregnant. 

This is a developing story.

Katrina Kaufman

contributed to this report.

Kathryn Watson

Kathryn Watson is a politics reporter for CBS News Digital, based in Washington, D.C.

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