Fulton County Superior Court Judge Robert McBurney ruled on November 15 that state ban on abortion was invalid because when it was signed in 2019, there was Roe’s precedent in the U.S. Supreme Court. in. Wade and another ruling allowed abortions after six weeks.
This decision immediately banned the application of the abortion ban statewide. Abortion providers reopened the procedure six weeks ago, though some say they are proceeding cautiously for fear the ban could be quickly reinstated.
The state attorney general’s office appealed the decision to the state supreme court. He also applied to the Supreme Court for a stay of judgment pending appeal.
Georgia’s ban went into effect in July, after the U.S. Supreme Court overturned a decision against Roe. Wade. He forbade most abortions in the presence of “a detectable human heartbeat”.
Heart activity can be detected using ultrasound in the cells of the embryo that will eventually become the heart at about six weeks of gestation. This means that most abortions in Georgia were actually banned before many even knew they were pregnant.