Posted on 11/18/2022 6:39:51 PM PST by marshmallow
The state's attorney general will immediately appeal.
ATLANTA (LifeSiteNews) – A Georgia judge declared the state’s heartbeat-based abortion ban unconstitutional despite the U.S. Supreme Court expressly affirming states’ freedom to set their own abortion laws this summer.
The Associated Press reported that Superior Court Judge Robert McBurney ruled against the Living Infants Fairness and Equality (LIFE) Act, which forbids abortions once a fetal heartbeat can be detected (as early as six weeks), except in cases of rape, incest, physical medical emergencies, and pregnancies deemed “medically futile.”
The bill, signed in 2019, inspired a wave of heartbeat laws across the country, which were allowed to finally take effect after the nation’s highest court overturned Roe v. Wade in June, declaring it time to “heed the Constitution and return the issue of abortion to the people’s elected representatives.”
Yet McBurney claimed the LIFE Act, which a three-judge panel of the 11th Circuit Court of Appeals allowed to take effect in July, was illegitimate because Roe had been in effect at the time it was enacted.
“[E]verywhere in America, including Georgia, it was unequivocally unconstitutional for governments — federal, state, or local — to ban abortions before viability,” he wrote, claiming that Georgia could legitimately pass the same law now that Roe is gone, but not until the legislature “determines in the sharp glare of public attention that will undoubtedly and properly attend such an important and consequential debate whether the rights of unborn children justify such a restriction on women’s right to bodily autonomy and privacy.”
Kara Richardson, a spokeswoman for Georgia Attorney General Chris Carr, told the AP that Carr’s office will seek an “immediate appeal.”
(Excerpt) Read more at lifesitenews.com ...
So now judges are elected legislators? Who knew?
They have been ever since the Obozo regime.
That is the most asinine legal logic I’ve ever heard in my life. A precedent that was nullified still carries weight? Hogwash.
You have to give these communists credit...
No little bit of a shred of opportunity is ever wasted in furthering their tyrannical aims...
Deport them all...
Yep.
So, does the “honorable” judge believe Georgia should be enforcing the Fugitive Slave Act since it was enacted before the 13th Amendment?
The judge is trying to register his personal opinion and thereby get attention for his cause:
A concept that legislative debate is subject to review; keep debating the legislation until the judge approves.
That, being a parallel concept introduced against President Trump, that President Trump’s decision-making is subject to review (even now, with the F.B.I. dragging Trump’s papers out of Trump’s home).
p
So is Georgia blue now, or what? It sure hell isn’t conservative.
Geogians, Atlanta ate your state.
The black robed, tyrants are all baby killers.
Circuit court judge over rules the 11th Circuit court of appeals. 🤔
A few judicial impeachment scalps per year would work wonders.
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