Fulton County Judge Robert McBurney just struck down the Georgia LIFE Act, which makes abortion after six weeks a felony. The filing is a stinging rebuke of the anti-choice law.
"Women are not some piece of collectively owned community property the disposition of which is decided by majority vote." This is an amazing court decision and shows that this male judge actually gets it. This is not a long decision (26 pages) but everyone needs to read it. I also love the snark in some of the footnotes, the way the judge included in the decision the vagueness of the law (all of these abortion bans are intentionally vague) and the political reasoning in choosing an arbitrary 6-week ban. This suit was filed by OB/GYNs, reproductive heath centers and others who were able to speak to the medical aspects of abortion. Thank you for bringing this to our attention.
While the women of Georgia are rightfully rejoicing the impact of this ruling, let us all remind them this will not be the end of attempts to interfere with their right to liberty and privacy. It remains crucial that they register and VOTE!
WOWZA - I didn't see this coming - thank you AG for bring the gems from this ruling! Especially: "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. "
Thank you AG. I think Professor Kreiss may be right. Will the Georgia high court make a decision about what constitutes a “human heartbeat”? When does a fetus become human? HISTORY HAS SAID AT BIRTH! A baby at birth and a fetus in the womb.
An excellent point. I’m sure the attorneys challenging the law are fully aware of the biology, but I cannot resist pointing out that a 6wk fetus cannot possibly have a heartbeat as it doesn’t have a heart. The “beat” detected is an electrical pulse.
Bravo. No legislator in the world can make a law that requires a non-viable fetus to live on its own. That should be SO self evident. I LOVE the language the judge uses. You simply can't GET to the point where you can even treat "each life" as equal enough to balance till the child has a chance of survival--particularly when the result is diminishing the mothers established right to survival--without injecting religion into it, some theory of "soul," a "fact" finding that needs to be kept well and truly away from our laws.
He was the judge that heard the Meadows motion to remove to federal court. He rejected it. He isn’t the trial judge.
In any case, he is a hero for women and those who have women in their lives.
I wish this ruling could have come sooner, but I suspect that some of the bite in his writing is pure anger at the preventable deaths of Amber Thurman and the other woman whose name I don’t remember right now.
I do not see him being reversed. But I’m an optimist.
Finally, a person with brains and a backbone. Thank you let's hope other courts will see the truth in this judgement. After all, the Constitution says our rights are for LIFE,LIBERTY, and the PURSUIT OF HAPPINESS.
This may or not be overturned because those who hide behind their fake Christian values will not stop until they control everything and everyone who don't align with what they think is true and right. I applaud this Judge for standing up for the women in Georgia.
Judges in GA are elected, and this is a Fulton County judge. I love his ruling, but his basing it on privacy and equal rights puts it in the crosshairs of the religious bigots. How far Right is the SCOGA?
Of course I agree with him on that! A pregnant woman's rights must precede those of a blastocyst, an embryo, a fetus...up until that fetus is viable extra-utero, e.g. a baby. The whole fetal personhood "debate" belongs in semenary school...it has no place in civil law.
Wow that was amazing - Pointing out that women can not be compelled to do the state's work. Also pointing forced pregnancy is not much different then force kidney donation.
Thank you Ms. Gill. I was irked at first that the plaintiffs apparently agreed that a "human heartbeat" is detectable at about 6 weeks' gestation. There is no heart at that point, and the "fetus" is still an embryo. But I actually think it's smart not to hinge the argument for women's rights on whether detecting a little flutter on an ultrasound does or doesn't confer rights on the developing fetus that override the rights of the "vessel" that contains it. My favorite part of the ruling was the bit that talked about forcing women to do the State's work. I didn't read the whole opinion (didn't feel like I needed to, thanks to your concise synopsis!), but without using the word "slavery" that's what it describes. Let's see where this goes, fingers crossed we can once again liberate ourselves from the tyranny of the misogynistic religious nuts among us.
FINALLY!!! a GA judge who THINKS!! of course, that s an abuse of judges everywhere., who are always careful in their decisions, but because of all the abuse FANI has had from right-winging people all over the state, I'm sure she appreciates this ruling.
"Women are not some piece of collectively owned community property the disposition of which is decided by majority vote." This is an amazing court decision and shows that this male judge actually gets it. This is not a long decision (26 pages) but everyone needs to read it. I also love the snark in some of the footnotes, the way the judge included in the decision the vagueness of the law (all of these abortion bans are intentionally vague) and the political reasoning in choosing an arbitrary 6-week ban. This suit was filed by OB/GYNs, reproductive heath centers and others who were able to speak to the medical aspects of abortion. Thank you for bringing this to our attention.
While the women of Georgia are rightfully rejoicing the impact of this ruling, let us all remind them this will not be the end of attempts to interfere with their right to liberty and privacy. It remains crucial that they register and VOTE!
My 1st thought - I couldn't help myself. Great ruling but what does this mean for the upcoming election?
Yes🙌Register🇺🇸VOTE 💙Dissent🙋♀️
WOWZA - I didn't see this coming - thank you AG for bring the gems from this ruling! Especially: "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. "
Thank you AG. I think Professor Kreiss may be right. Will the Georgia high court make a decision about what constitutes a “human heartbeat”? When does a fetus become human? HISTORY HAS SAID AT BIRTH! A baby at birth and a fetus in the womb.
An excellent point. I’m sure the attorneys challenging the law are fully aware of the biology, but I cannot resist pointing out that a 6wk fetus cannot possibly have a heartbeat as it doesn’t have a heart. The “beat” detected is an electrical pulse.
Perfection. I admire this ruling so much. AG, you churned this out so fast, like a pro!
Bravo. No legislator in the world can make a law that requires a non-viable fetus to live on its own. That should be SO self evident. I LOVE the language the judge uses. You simply can't GET to the point where you can even treat "each life" as equal enough to balance till the child has a chance of survival--particularly when the result is diminishing the mothers established right to survival--without injecting religion into it, some theory of "soul," a "fact" finding that needs to be kept well and truly away from our laws.
McBurney is the trump trial judge, is he not?
He was the judge that heard the Meadows motion to remove to federal court. He rejected it. He isn’t the trial judge.
In any case, he is a hero for women and those who have women in their lives.
I wish this ruling could have come sooner, but I suspect that some of the bite in his writing is pure anger at the preventable deaths of Amber Thurman and the other woman whose name I don’t remember right now.
I do not see him being reversed. But I’m an optimist.
McBurney is the trial judge for the case brought to strike down the new election subversion rules set by the infamous triad of Georgia Elections Board members. https://www.reuters.com/world/us/challenge-by-us-democrats-georgia-election-rules-goes-trial-2024-10-01/. Fingers crossed that he's on a roll for democracy as well as for personal freedom and privacy.
Perfect.
Finally, a person with brains and a backbone. Thank you let's hope other courts will see the truth in this judgement. After all, the Constitution says our rights are for LIFE,LIBERTY, and the PURSUIT OF HAPPINESS.
This may or not be overturned because those who hide behind their fake Christian values will not stop until they control everything and everyone who don't align with what they think is true and right. I applaud this Judge for standing up for the women in Georgia.
Fake christian is so correct. I don't know who these monsters are worshipping, but it sure as fuck isn't christ.
Judges in GA are elected, and this is a Fulton County judge. I love his ruling, but his basing it on privacy and equal rights puts it in the crosshairs of the religious bigots. How far Right is the SCOGA?
He also centers his ruling on viability outside the woman's body.
Of course I agree with him on that! A pregnant woman's rights must precede those of a blastocyst, an embryo, a fetus...up until that fetus is viable extra-utero, e.g. a baby. The whole fetal personhood "debate" belongs in semenary school...it has no place in civil law.
Wow that was amazing - Pointing out that women can not be compelled to do the state's work. Also pointing forced pregnancy is not much different then force kidney donation.
I got misty and chills reading this. Thanks, AG!
Thank you Ms. Gill. I was irked at first that the plaintiffs apparently agreed that a "human heartbeat" is detectable at about 6 weeks' gestation. There is no heart at that point, and the "fetus" is still an embryo. But I actually think it's smart not to hinge the argument for women's rights on whether detecting a little flutter on an ultrasound does or doesn't confer rights on the developing fetus that override the rights of the "vessel" that contains it. My favorite part of the ruling was the bit that talked about forcing women to do the State's work. I didn't read the whole opinion (didn't feel like I needed to, thanks to your concise synopsis!), but without using the word "slavery" that's what it describes. Let's see where this goes, fingers crossed we can once again liberate ourselves from the tyranny of the misogynistic religious nuts among us.
Brilliant, AG. Just brilliant. Thank you!
Wow it took the publicity if 2 women dying to make the court see the light. Bittersweet for sure.
Loving it! His opinion is great.
FINALLY!!! a GA judge who THINKS!! of course, that s an abuse of judges everywhere., who are always careful in their decisions, but because of all the abuse FANI has had from right-winging people all over the state, I'm sure she appreciates this ruling.