Fulton County Superior Court Judge Robert McBurney said last November that the ban was “unequivocally unconstitutional” because it was enacted in 2019, when Roe v. Wade allowed abortions well past six weeks.
The state Supreme Court had previously allowed enforcement of the ban to resume while it considered an appeal of the lower court decision. The lower court judge has also not ruled on the merits of other arguments in a lawsuit challenging the ban. State officials challenging that decision noted the Supreme Court’s finding that Roe v. Wade was an incorrect interpretation of the U.S. Constitution. Because the Constitution remained the same, Georgia’s ban was valid when it was enacted, they argued.
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