Wednesday, October 9, 2024

Fulton County judge defies Georgia Supreme Court, strikes down state’s six-week abortion ban

A judge in Fulton County, Georgia, has ruled that the state's six-week abortion ban is "Unconstitutional," even after the Georgia Supreme Court upheld it in 2023.

In November 2022, Fulton County Superior Court Judge Robert McBurney ruled the law was "Unequivocally unconstitutional" because it was enacted in 2019 before the Supreme Court overturned Roe v. Wade and abortions were still federally protected.

"When the United States Supreme Court overrules its own precedent interpreting the United States Constitution, we are then obligated to apply the Court's new interpretation of the Constitution's meaning on matters of federal constitutional law," Justice Verda Colvin wrote for the majority at the time.

 defied the state's highest court by reaffirming his decision and declaring that the LIFE ACT violated the state constitution on Sept. 30.

For now, Georgia joins the ranks of states where abortion remains accessible beyond the six-week mark, though the debate is far from over.

Pro-lifers criticize McBurney's decision The National Right to Life Committee, the oldest and largest national anti-abortion organization in the United States, strongly criticized the decision and called McBurney an "Activist judge" for ignoring previous rulings from both federal and state courts.

"In an act that defies reason, this activist judge has decided to ignore the 2023 decision of the Georgia Supreme Court that declared the Living Infants Fairness and Equality Act constitutional," said Carol Tobias, the president of NRLC. "This judge has chosen to make rulings based on his own beliefs rather than the law and higher court judgments." Meanwhile, a spokesperson for Georgia Attorney General Chris Carr said his office would immediately appeal the ruling to the state supreme court. 

https://www.naturalnews.com/2024-10-08-fulton-county-judge-overturns-georgia-abortion-ban.html

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