A county judge in Georgia has suspended the state’s 2019 ban on abortions after six weeks into the pregnancy, saying that when the state law was enacted, the Roe decision stood and superseded the Georgia law, making the state law invalid, the New York Times reports.
Judge Robert C.I. McBurney of the Fulton County Superior Court stated that because the law was enacted in 2019, he had to examine the law under the Supreme Court rulings of the time; Roe prevented any state from enacting a ban on abortions prior to fetal viability, so therefore he suspended the state law.
McBurney noted that the state legislature could pass the law again, now that the Supreme Court overturned Roe’s protections for bodily autonomy and reproductive rights; under the current Supreme Court guidance, the law would likely stand.