Sponsored Content
« Wednesday Morning Rant [Joe Mannix] | Main | Senators Blast McConnell for Losing the Election as His Coterie of China Cvcks Defend Him »
November 16, 2022

Hawaiian Judge In Georgia Presumes to Overturn the State's Six Week Law on Abortion, Citing... Roe V. Wade; He Says Roe Had Been In Effect When the Law Was Passed

Are You.

F***ing.

Kidding.

Me.

I don't expect this "reasoning" will survive an appeal.

A judge overturned Georgia's ban on abortion starting around six weeks into a pregnancy, ruling Tuesday 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's ruling took effect immediately statewide, though the state attorney general's office said it filed an appeal. The ban had been in effect since July.

The American Civil Liberties Union of Georgia, which represented doctors and advocacy groups that had asked McBurney to throw out the law, said it expects abortions past six weeks of pregnancy to resume Wednesday at some clinics.

...


Kara Richardson, a spokesperson for Georgia Attorney General Chris Carr, said in an email that the office filed a notice of appeal and "will continue to fulfill our duty to defend the laws of our state in court."

Andrea Young, executive director of the ACLU of Georgia, said Tuesday was a "great day for Georgia women and for all Georgians."

"Today their right to make decisions for their own bodies, health, and families is vindicated," Young said in a statement.

Andrew Isenhour, a spokesperson for Republican Gov. Brian Kemp, said McBurney's ruling placed "the personal beliefs of a judge over the will of the legislature and people of Georgia."

"The state has already filed a notice of appeal, and we will continue to fight for the lives of Georgia's unborn children," he said in a statement.

Rep. Ed Setzler, the Republican from Atlanta suburb of Acworth who sponsored the law, said he was confident the state Supreme Court would overrule McBurney and reinstate the ban.

...

McBurney wrote in his ruling that when the law was enacted, "everywhere in America, including Georgia, it was unequivocally unconstitutional for governments -- federal, state, or local -- to ban abortions before viability."

Therefore, the state's law "did not become the law of Georgia when it was enacted and it is not the law of Georgia now," he wrote.

The state had argued that the Roe decision itself was wrong and that the Supreme Court ruling wiped it out of existence.

McBurney did leave the door open for the legislature to revisit the ban.

Now that the Supreme Court has overturned Roe v. Wade, the prohibition on abortions provided for in the 2019 law "may someday become the law of Georgia," he wrote.

But, he wrote, that can happen only after the General Assembly "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."

Impeach and remove.

It's time to create our own #Resistance and pursue it mercilessly.


digg this
posted by Ace at 12:03 PM

| Access Comments




Recent Comments
redridinghood: "We're living in the Twilight Zone. ..."

Gentlemen, this is junta manifest: "You do realize you are backing the extra-judicial ..."

EveR: "WDW stopped selling new Annual Passes a couple yea ..."

Jordan61: "AKA - Elemental and Indy 5 are looking catastrophi ..."

ace: ">>>I bet if they could go back to the Timothy Zahn ..."

Christopher Taylor [/i][/i][/s][/s][/b][/b][/u][/u]: "[i]No one should buy Star Wars.[/i] I can see t ..."

Additional Blond Agent, STEM Guy[/i]: "[i]yes I fixed it, thanks to someone snarking at m ..."

Barnacle Bill the sailor: "yes I fixed it, thanks to someone snarking at me ..."

Awkwafina Scuttlebutt Song: "[I]So here's the scuttlebutt about Disney possibly ..."

Joe Mannix (Not a cop!): "No one should buy Star Wars. It's now a c-list bra ..."

What's a Seawolf?: "Whoever buys Star Wars should declare Disney Ep 7, ..."

bonhomme[/i][/i][/i][/b][/b][/b][/s][/s][/s][/u][/u][/u]: "Nick's even got the pedo-stache. Open secret inde ..."

Recent Entries
Search


Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64