Georgia judge tosses abortion law, case appealed to state Supreme Court
A Georgia judge has overturned the state's six-week abortion restriction.
The move immediately set off a flurry of abortion law-related activity in the state, with Attorney General Chris Carr quickly appealing the decision to the state Supreme Court.
According to Breitbart.com:
Fulton County Superior Court Judge Robert McBurney blocked the LIFE Act on September 30, calling it unconstitutional and siding with pro-abortion opponents to the restriction. McBurney, who was appointed in 2012 by former Republican Georgia Gov. Nathan Deal, wrote that his “interpretations of ‘liberty'” under the state and federal Supreme Courts “demonstrates that liberty in Georgia includes in its meaning, in its protections, and in its bundle of rights the power of a woman to control her own body, to decide what happens to it and in it, and to reject state interference with her healthcare choices.”
"That power is not, however, unlimited," McBurney continued. "When a fetus growing inside a woman reaches viability, when society can assume care and responsibility for that separate life, then — and only then — may society intervene."
Brian Kemp had signed the Living Infants Fairness and Equality Act (LIFE) into law back in 2019.
It went into effect in the state in 2022 once the United States Supreme Court overturned Roe v. Wade.
McBurney gave his opinion on the matter in his final order.
"Does a Georgian’s right to liberty of privacy encompass the right to make personal healthcare decisions? Plainly it does," he wrote.
"For many women, their pregnancy was unintended, unexpected, and often unknown until well after the embryonic heartbeat began. Yet that’s too late under the LIFE Act’s strictures: these women are now forbidden from undoing that life-altering change of circumstances -- before they even knew the change had occurred," he continued.
"For these women, the liberty of privacy means that they alone should choose whether they serve as human incubators for the five months leading up to viability. It is not for a legislator, a judge, or a Commander from The Handmaid’s Tale to tell these women what to do with their bodies during this period when the fetus cannot survive outside the womb any more so than society could -- or should -- force them to serve as a human tissue bank or to give up a kidney for the benefit of another," McBurney concluded.
Which side of the argument are you on?
Pro-lifers have taken a few blows lately, but they will NEVER stop fighting for what they believe!
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