The Georgia Supreme Court thwarted a pro-abortion lower court judge’s effort to reintroduce abortion on demand in Georgia.
Court Backs Abortion Ruling
The court decided 7-0 (one justice was recused and then one did not participate) that a 2019 “heartbeat” statute may be implemented right away.
Judge Robert McBurney of the Fulton County Superior Court ruled on November 15 to invalidate the law, essentially banning abortions beyond six weeks and putting abortion providers in Georgia out of employment just before Christmas.
McBurney’s ruling exemplifies the rearguard fight undertaken by the kids of Moloch and their liberal friends in the courts to maintain a license to terminate a fetus. After the Dobbs vs. Jackson Women’s Health decision on Roe vs. Wade and Planned Parenthood vs. Casey, numerous judges and tribunals could not wrap their heads around the notion that abortion was no longer recognized by a wrong understanding of the US Constitution.
In the McBurney instance, despite the fact that Georgia law was never contested or ruled down, the judge determined that it was unlawful since Roe and Casey were standards at the time the Georgia legislature established the law.
The six-week restriction, which had been in place from July, was repealed on Tuesday, as well as the mandate that doctors disclose to the state Department of Public Health whenever an abortion occurred under the state’s small exceptions, such as in cases of rape where a formal complaint has been made.
— Gray Wolf (@graywolf442) November 25, 2022
In the court decision, Fulton County Superior Court Judge Robert C. I. McBurney deemed the regulations to be clearly unconstitutional as they were allowed to pass in 2019 and prior to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which ended protected status for abortion access.
McBurney stated in his judgment that under Dobbs, it may one day get to be the legislation of Georgia, but only once our legislature decides in the full glare of public scrutiny which will unquestionably and rightfully participate in such a crucial and pivotal debate if that privileges of foetuses rationalize such a limitation on women’s right to bodily autonomy and confidentiality.
— RedWave (@RedWaveBreaking) November 24, 2022
As of now, the three-year-old prohibitions exist only on paper.
Ed Whelan, one of the very few surviving National Review contributors worth reading, debunks this claim. If McBurney’s decision had been anything other than false sophistry, the Supreme Court would not have considered Dobbs since it contradicted history. Neither would Brown v. Board of Education, as the rule of the nation was Plessy v. Ferguson.
Before rendering a final verdict, the Georgia Supreme Court signaled it would entertain an appeal of McBurney’s judgment. The reality that the judge determined on his injunction within six days and overwhelmingly portends ill for Baal’s troops. However, it is not a guarantee that a state supreme court will do the proper thing. The state supreme court of Kentucky continues to permit abortions despite the fact that state law forbids them.