Bloomberg Law
Nov. 15, 2022, 7:46 PM

Georgia’s Six-Week Abortion Ban Invalid, State Trial Court Says

Mary Anne Pazanowski

Abortions after the sixth week of pregnancy are currently legal in Georgia after a state trial judge ruled that the so-called “heartbeat” ban is void because it was unequivocally unconstitutional when it was adopted in 2019.

Fulton County Superior Court Judge Robert McBurney confirmed that the law isn’t enforceable following a two-day trial that concluded Oct. 25. The law relating to previability abortions reverts back to what it was as of Dec. 31, 2019, he said.

“In Georgia, it is fundamental that '[l]egislative acts in violation of this Constitution or the Constitution of the United States are void, and ...