GEORGIA — The ruling by a Fulton County Superior Court judge comes exactly three weeks before the final day of voting in the Senate run-off.
The attorney general has already filed its notice of appeal. But the ruling brings abortion back to the top of minds as voters head back to the polls.
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A Fulton County Superior Court judge ruled Tuesday that the Heartbeat Abortion law was unconstitutional when it passed in 2019, because Roe versus Wade was still law.
The heartbeat law cannot be made constitutional retroactively, which now allows abortions in Georgia up until 22 weeks.
Governor Brian Kemp released a statement that said in part the “ruling places the personal beliefs of a judge over the will of the legislature and people of Georgia.”
But Channel 2 Action News spoke to a political analyst who said the will of the people could be heard in the Senate run-off in just three weeks.
“To me this become a dominant defining issue for this election,” said political analyst Fred Hicks.
“Herschel Walker is on record as supporting a national ban on abortion without exceptions. Senator Warnock is on record as supporting reproductive health and a woman’s right to choose,” added Hicks.
Democrats already have control of the Senate but winning this Georgia seat would give them the ability to confirm judges faster and control committees.
For Republicans, a win would put them closer to regaining control in two years.
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But Tuesday’s ruling is reminding voters that abortion isn’t a done deal and analysts say it’s something voters will likely consider.
“We know that the vast majority of Americans do not support a ban on abortion,” said Hicks. “If the polling is right, this will certainly benefit Senator Warnock because people do not support the position that Herschel Walker has supported.”
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