County judge strikes down Georgia heartbeat law

A county judge ruled on Monday that the state’s law, meant to protect babies from abortion when a heartbeat can be detected, is unconstitutional. The heartbeat is usually detectable around six weeks of pregnancy. The ruling by Fulton County Superior Court Judge Robert McBurney removes early abortion protections, while still barring women from receiving abortions once a baby reaches viability, around 22 weeks. McBurney described the heartbeat law as arbitrary, insisting that while women do have a collection of powers over their bodies, those powers are not unlimited.

Republican Gov. Brian Kemp signed the heartbeat law in 2019. The Living Infants Fairness and Equality, or LIFE, Act, superseded the state’s previous abortion protections after 22 weeks with exceptions for rape, incest, or the mother’s life. The 2019 law did not take effect until 2022 with the overturning of Roe v. Wade. The LIFE Act also contained exceptions for medical emergencies, rape, incest, and medically futile pregnancies.

What is the new timetable for abortion in Georgia? With the heartbeat law overturned, the state will return to its previous 22-week timetable. Once a baby reaches viability and society can care for the separate life, only then may the government step in with boundaries over the woman’s power, McBurney wrote. McBurney previously attempted to strike down the Heartbeat law in 2022, as a response to litigation over the law’s constitutionality. However, the Georgia Supreme Court gave an emergency order overturning McBurney’s 2022 ruling and reinstating the heartbeat law as litigation around the statute continued.

How are activist groups responding to the case? This ruling is a victory for the right to abortion, the American Civil Liberties Union wrote in response to the ruling. Not allowing abortions is devastating and traumatic, The Center for Reproductive Rights wrote. This ruling is a victory for every Georgian, the group said.

Meanwhile, The Susan B. Anthony Pro-Life America team is reviewing Georgia’s atrocious activist ruling, the group wrote Monday. Not protecting an unborn baby with a heartbeat denies the humanity of that child and would legalize late-term abortions in Georgia, the post continued. A baby has a 90 percent chance of surviving to birth when a heartbeat is detected within 6 weeks, the SBA Pro-Life added.

Dig deeper: Read Lillian Hamman’s report for more background on Georgia’s shifting laws around abortion.