A judge has overturned Georgia’s six-week abortion ban, ruling that it violated the U.S. Constitution and U.S. Supreme Court precedent when it was enacted, the Associated Press reports.
Fulton County Superior Court Judge Robert McBurney’s ruling invalidates the state-wide ban imposed in July that prohibited almost all abortions once a “detectable human heartbeat” is present.
McBurney’s ruling came in response to a lawsuit filed in July by doctors and advocacy groups against the state for the ban in July, arguing it violates the Georgia Constitution’s right to privacy and liberty by forcing pregnancy and childbirth on women in the state.
The ban had been in effect since July and was instituted after the Supreme Court struck down Roe v. Wade in June, knocking down federal protections for abortion nationwide.
McBurney’s ruling took effect immediately statewide, though the state attorney general’s office said it planned to appeal.
Gov. Brian Kemp has yet to comment on the ruling.
