SAVANNAH, Ga. — A judge ruled on Tuesday that Georgia’s law banning most abortions after six weeks, adding that it violated the U.S. Constitution and U.S. Supreme Court precedent when it was enacted three years ago and was therefore void.

Fulton County Superior Court Judge Robert McBurney wrote that according to precedent, a law that was unconstitutional when it was passed remains unconstitutional. That applies to Georgia’s 2019 abortion bill, known as the LIFE Act, or the “heartbeat bill,” colloquially.

McBurney’s ruling took effect immediately statewide.

“At that time – the spring of 2019 – everywhere in America, including Georgia, it was unequivocally unconstitutional for governments – federal, state, or local – to ban abortions before viability,” McBurney wrote.

The abortion bill made abortion after six weeks a felony in most cases, even though such a law was clearly illegal and “such bans were banned,” according to McBurney. Therefore the law was invalid from the beginning and remained so even when the Supreme Court ruled such restrictions to be constitutional. 

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Within hours, the office of the Attorney General in Georgia filed a brief notice of appeal, asking the Supreme Court of Georgia to review the ruling. 

“We have filed a notice of appeal and will continue to fulfill our duty to defend the laws of our state in court,” said Kara Richardson, spokesperson for Attorney General Chris Carr, in an email.

The ban had been in effect since July after the Federal 11th Circuit Court of Appeals ruled that the abortion law – blocked under the federal court decisions at the time it was passed – could finally be put into law after the Supreme Court overruled Roe v. Wade.

The law prohibited most abortions once a “detectable human heartbeat” was present, effectually banning most abortions in Georgia before many people knew they were pregnant. Cardiac activity can be detected by ultrasound in cells within an embryo that will eventually become the heart around six weeks into a pregnancy.