Judge overturns Georgia’s six-week abortion ban

essentialsaltes · Nov 16, 2022

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A Georgia Superior Court judge has overturned the state’s law banning abortions as early as six weeks of pregnancy, ruling it unconstitutional and saying it cannot be enforced.

The decision from Fulton County Superior Court Judge Robert McBurney makes the procedure legal in the state again until at least 20 weeks of pregnancy, effective immediately. The judge’s order comes in response to a lawsuit that sought to strike down the ban on multiple grounds and will apply statewide.

In his opinion, McBurney wrote that when Georgia lawmakers passed the bill and Republican Gov. Brian Kempsigned it in 2019, [i.e. before the recent SCOTUS decision] “the supreme law of this land unequivocally was – and had been for nearly half a century – that laws unduly restricting abortion before viability were unconstitutional.”

McBurney wrote that lawmakers might pass similar legislation in light of the Dobbs ruling, but they would first have to face 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.”

Tropical Wilds · Nov 16, 2022

Woot GA!

Yttrium · Nov 16, 2022

essentialsaltes said:
In his opinion, McBurney wrote that when Georgia lawmakers passed the bill and Republican Gov. Brian Kempsigned it in 2019, [i.e. before the recent SCOTUS decision] “the supreme law of this land unequivocally was – and had been for nearly half a century – that laws unduly restricting abortion before viability were unconstitutional.”

Wait... since when is that a thing? A law shouldn't have to depend on other laws at the time it was signed, but on existing laws. I don't remember ever seeing a judgement like that before.

NinjaPirate777 · Nov 16, 2022

The exorcist Fr. Ripperger says abortion is tied to molech, one of the devil's generals running things demonically in the US. Will the Georgia voters stand for it?

Tinker Grey · Nov 16, 2022

NinjaPirate777 said:
The exorcist Fr. Ripperger says abortion is tied to molech, one of the devil's generals running things demonically in the US. Will the Georgia voters stand for it?

People say things.

NinjaPirate777 · Nov 16, 2022

Tinker Grey said:
People say things.

Men who fight monsters sometimes have conversations with them.

Desk trauma · Nov 16, 2022

NinjaPirate777 said:
Will the Georgia voters stand for it?

If put to a state wide direct vote I suspect that the ban would fail as other have in such well know bastions of liberalism as Kansas, Kentucky and Montana.

Nithavela · Nov 16, 2022

NinjaPirate777 said:
Men who fight monsters sometimes have conversations with them.

We talk with them all the time here in this forum.

ThatRobGuy · Nov 16, 2022

Desk trauma said:
If put to a state wide direct vote I suspect that the ban would fail as other have in such well know bastions of liberalism as Kansas, Kentucky and Montana.

I suspect you're correct.

With this topic in particular, there's a lot of middle ground, but only 2 hardline (all-or-nothing) positions being represented from a legislative sense. ...so people tend to vote for whichever they happen to be closer to (even if it's not by all that much)

When presented with the options of the "blanket ban" or "elective abortion, clear into the 3rd trimester, for any reasons, with no restrictions"...I would suspect that 99% of people wouldn't perfectly fit into either of those two buckets. (and public policy polling backs up my assertion)

It seems like most Americans at least had baseline comfort level with an arrangement that mirrored what the nordic countries have...which is "exceptions for rape/incest/health, elective capped between 12-16 weeks", but both sides pushed the envelope to win favor with certain pockets of their constituents.

rjs330 · Nov 16, 2022

ThatRobGuy said:
I suspect you're correct.

With this topic in particular, there's a lot of middle ground, but only 2 hardline (all-or-nothing) positions being represented from a legislative sense. ...so people tend to vote for whichever they happen to be closer to (even if it's not by all that much)

When presented with the options of the "blanket ban" or "elective abortion, clear into the 3rd trimester, for any reasons, with no restrictions"...I would suspect that 99% of people wouldn't perfectly fit into either of those two buckets. (and public policy polling backs up my assertion)

It seems like most Americans at least had baseline comfort level with an arrangement that mirrored what the nordic countries have...which is "exceptions for rape/incest/health, elective capped between 12-16 weeks", but both sides pushed the envelope to win favor with certain pockets of their constituents.

I think you are right. Most Americans are not hardline either way. I think there are even polls on this. The vast majority of Americans DO want restrictions.

I for one would not be opposed to a 12 week limit. Why? Because it's not an all or nothing proposition. How dumb is to say we can't save them all so well just let them all die. We still have to deal with the American people and we absolutely should get something in place and then keep working on changing hearts and minds. As medical science gets better and better we can see how much the child is developing at an earlier stage. It's up to us to convince people. For now let's get what we can.

KCfromNC · Nov 17, 2022

Yttrium said:
Wait... since when is that a thing?

Coming up with questionable legal reasons to overturn decades of precedent has been a thing since the GOP recently stuffed the Supreme Court full of right-wing activist justices.

Yttrium · Nov 17, 2022

KCfromNC said:
Coming up with questionable legal reasons to overturn decades of precedent has been a thing since the GOP recently stuffed the Supreme Court full of right-wing activist justices.

Hrm. I certainly don't mind the result (six weeks is too short), but I don't care for the precedent it sets.

Whyayeman · Nov 17, 2022

rjs330 said:
I think you are right. Most Americans are not hardline either way. I think there are even polls on this. The vast majority of Americans DO want restrictions.

I for one would not be opposed to a 12 week limit. Why? Because it's not an all or nothing proposition. How dumb is to say we can't save them all so well just let them all die. We still have to deal with the American people and we absolutely should get something in place and then keep working on changing hearts and minds. As medical science gets better and better we can see how much the child is developing at an earlier stage. It's up to us to convince people. For now let's get what we can.

Such a ruling sounds sensible and moderate. I think that in most Western countries with abortion laws the great majority of abortions occur within that twelve week period. That periodis generally ample for abortion to be considered and also is the safest period for it. I do not agree that abortions should be forbidden after the first twelve weeks. After that period abortions are invariably because some developmental problem has been discovered endangering life or incompatible with the life of a woman or foetus. In such cases it is cruel to continue the pregnancy when the end is the death or injury of one or both.

I have never heard of a case where a mother-to-be has simply changed her mind about going ahead with her pregnancy.

rjs330 · Nov 17, 2022

I think just about every single abortion restriction in every state has exceptions for the mothers life and health.

I would prefer a restriction at 8 weeks and I think we could get there with good education. I would settle for now to push hard for 10 weeks. If push came to shove with no restrictions or something further out I would compromise at 12 at this point, but push hard for 10. Then continue a solid campaign to change minds to get it to 8.

There certainly are states that have shorter restrictions now. And I applaud them.

I do hope GA takes this to the supreme court of the state. The judge ruled it unconstitutional. Why? SCOTUS has said it's up to the state and the state has a law. Was it the state constitution that it violated? Cause it wasn't the federal one.

Yttrium · Nov 17, 2022

rjs330 said:
The judge ruled it unconstitutional. Why? SCOTUS has said it's up to the state and the state has a law. Was it the state constitution that it violated? Cause it wasn't the federal one.

The judge ruled that it was unconstitutional because it violated Roe v. Wade... at the time that it was created. It would be constitutional if the same exact thing was created now. I think the decision is flawed, and it should be reversed on appeal (even though I don't like the six week limit).

GreatLakes4Ever · Nov 17, 2022

rjs330 said:
I think just about every single abortion restriction in every state has exceptions for the mothers life and health.

I would prefer a restriction at 8 weeks and I think we could get there with good education. I would settle for now to push hard for 10 weeks. If push came to shove with no restrictions or something further out I would compromise at 12 at this point, but push hard for 10. Then continue a solid campaign to change minds to get it to 8.

There certainly are states that have shorter restrictions now. And I applaud them.

I do hope GA takes this to the supreme court of the state. The judge ruled it unconstitutional. Why? SCOTUS has said it's up to the state and the state has a law. Was it the state constitution that it violated? Cause it wasn't the federal one.

And this is why Democrats shouldn’t compromise with you. You just gave away your game. Anything you offer is a Trojan horse to get more restrictions put in place. The second they agree you are going to move your line. It’s bad faith negotiating.

Nothing short of a complete and total ban will ever be enough for the pro-life side so the pro-choice side needs to continue to push for no restrictions just so the middle of the two is somewhere palatable.

Tuur · Nov 17, 2022

KCfromNC said:
Coming up with questionable legal reasons to overturn decades of precedent has been a thing since the GOP recently stuffed the Supreme Court full of right-wing activist justices.

Brown vs Board of Education overturned decades of precedent after Plessy vs Ferguson. Was that wrong, too?

Tuur · Nov 17, 2022

Yttrium said:
The judge ruled that it was unconstitutional because it violated Roe v. Wade... at the time that it was created. It would be constitutional if the same exact thing was created now. I think the decision is flawed, and it should be reversed on appeal (even though I don't like the six week limit).

Maybe he peeked under a penumbra. But the OP doesn't have something I heard when the news broke: that the decision was based on the Georgia Constitution. Since the Dobbs ruling, it's been handed back to the states.

rjs330 · Nov 17, 2022

GreatLakes4Ever said:
And this is why Democrats shouldn’t compromise with you. You just gave away your game. Anything you offer is a Trojan horse to get more restrictions put in place. The second they agree you are going to move your line. It’s bad faith negotiating.

Nothing short of a complete and total ban will ever be enough for the pro-life side so the pro-choice side needs to continue to push for no restrictions just so the middle of the two is somewhere palatable.

Lol, can't be a trojan horse if I'm telling you what I want to do is it.
Com'on man you lefties do it all the time.

The difference is I will accept a compromise and then work on convincing the people why it's a good idea to lower it. Get the people involved and get their support. That's how it SHOULD be done.

How's that bad faith? I'm being open and honest. A 12 week is better than no weeks. Let's work on convincing the people to support a lower ban.

It's the right way to do it.

CRAZY_CAT_WOMAN · Nov 18, 2022

I think just about every single abortion restriction in every state has exceptions for the mothers life and health.

But this isn't true. And I keep putting articles up.

I would prefer a restriction at 8 weeks and I think we could get there with good education. I would settle for now to push hard for 10 weeks. If push came to shove with no restrictions or something further out I would compromise at 12 at this point, but push hard for 10. Then continue a solid campaign to change minds to get it to 8.

So, you're fine with sex education. And free easy access to BC.

There certainly are states that have shorter restrictions now. And I applaud them.

I doubt it. People have the internet. And have access to abortion info.

I do hope GA takes this to the supreme court of the state. The judge ruled it unconstitutional. Why? SCOTUS has said it's up to the state and the state has a law. Was it the state constitution that it violated? Cause it wasn't the federal one.

Why is this your business at all. It's not.

Judge overturns Georgia’s six-week abortion ban

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