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HomeGeorgia & USAA Fulton County judge has halted enforcement of Georgia's restrictive abortion ban

A Fulton County judge has halted enforcement of Georgia’s restrictive abortion ban

Fulton County judge blocks Georgia from enforcing restrictive law that banned nearly all abortions in about six weekswhen cardiac activity is first detected in the embryo and before most women know they are pregnant.

Fulton County Superior Court Judge Robert McBurney issued the order on Tuesday, Nov. 15. The order means abortions can be performed up to about 22 weeks of pregnancy, as they were allowed before the Georgia law went into effect in July 2019. The state law went into effect shortly after tThe US Supreme Court overturned Roe v. Wade, which provided federal protection to abortion for nearly 50 years. The state is expected to appeal the decision.

“What does this ruling mean?” McBurney wrote. “It basically means that the courts, not the legislature, make the law. This is nothing new, but it seems to be increasingly forgotten (or ignored)…”

“In other words, this ruling merely reinforces what should be the uncontroversial view that when the judicial branch declares a constitutional right, the legislature exceeds its authority, improperly expands its role, and fundamentally alters the balance established by the separation of powers, when they pass laws that they know are patently unconstitutional,” he added. “These laws are void once passed.”

McBurney also denied a motion by state attorneys to dismiss the lawsuit.

In his ruling, however, McBurney did not address the right to privacy in the Georgia constitution. Another anti-abortion bill could be on its way to the General Assembly, tweeted Josh McLaurin, an attorney who was just elected to represent state Senate District 14, which includes Sandy Springs.

Georgia House Bill 481officially called the Living Children Fairness and Equality Act, was passed in 2019 but has been blocked in court for nearly three years.

Abortion rights advocates and providers filed suit in Fulton Superior Court after a A federal appeals court ruled The state’s abortion ban will take effect immediately.



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A Fulton County judge has halted enforcement of Georgia’s restrictive abortion ban

Fulton County judge blocks Georgia from enforcing restrictive law that banned nearly all abortions in about six weekswhen cardiac activity is first detected in the embryo and before most women know they are pregnant.

Fulton County Superior Court Judge Robert McBurney issued the order on Tuesday, Nov. 15. The order means abortions can be performed up to about 22 weeks of pregnancy, as they were allowed before the Georgia law went into effect in July 2019. The state law went into effect shortly after tThe US Supreme Court overturned Roe v. Wade, which provided federal protection to abortion for nearly 50 years. The state is expected to appeal the decision.

“What does this ruling mean?” McBurney wrote. “It basically means that the courts, not the legislature, make the law. This is nothing new, but it seems to be increasingly forgotten (or ignored)…”

“In other words, this ruling merely reinforces what should be the uncontroversial view that when the judicial branch declares a constitutional right, the legislature exceeds its authority, improperly expands its role, and fundamentally alters the balance established by the separation of powers, when they pass laws that they know are patently unconstitutional,” he added. “These laws are void once passed.”

McBurney also denied a motion by state attorneys to dismiss the lawsuit.

In his ruling, however, McBurney did not address the right to privacy in the Georgia constitution. Another anti-abortion bill could be on its way to the General Assembly, tweeted Josh McLaurin, an attorney who was just elected to represent state Senate District 14, which includes Sandy Springs.

Georgia House Bill 481officially called the Living Children Fairness and Equality Act, was passed in 2019 but has been blocked in court for nearly three years.

Abortion rights advocates and providers filed suit in Fulton Superior Court after a A federal appeals court ruled The state’s abortion ban will take effect immediately.



Reported by Source link

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Most Popular