Fulton County Superior Court Judge Robert McBurney wrote in his decision that the six-week abortion ban, which was passed in 2019 but went into effect after the U.S. Supreme Court overturned Roe v. Wade in 2022, violated Georgia’s constitution. The decision allows the state to resume abortions up until about 22 weeks of pregnancy.

Georgia's Republican Attorney General Chris Carr has challenged a judge's overturning of the state's six-week abortion ban. On Monday, Fulton County Superior Court Judge Robert McBurney ruled that the ban—which was instated in 2022 and effectively outlawed abortions beyond six weeks of pregnancy—violated Georgia's state constitution.

The state Supreme Court has overruled the judge before on abortion. But as long as abortion after the six-week mark is allowed, it could ease access for women in Georgia, Florida and other Southern states.