REPORT: Judge rules state’s six-week ‘heartbeat’ abortion law is ‘unconstitutional’

16

For ads-free news, click here.

From Fox News: A judge in Fulton County, Georgia, has overturned the state’s “Heartbeat Law” on abortion, which made it illegal to terminate a pregnancy after six weeks.

Fulton County Superior Court Judge Robert McBurney issued the order on Monday, saying abortions must be regulated the way they were before the “Heartbeat Law” went into effect, meaning abortions could be allowed until the 22-week mark.

“The authors of our Constitutions, state and federal, entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning,” McBurney wrote in his final order. “A review of our higher courts’ interpretations of ‘liberty’ demonstrates that liberty in Georgia includes in its meaning, in its protections, and in its bundle of rights the power of a woman to control her own body, to decide what happens to it and in it, and to reject state interference with her healthcare choices.

“That power is not, however, unlimited,” the judge added. “When a fetus growing inside a woman reaches viability, when society can assume care and responsibility for that separate life, then – and only then – may society intervene.”

McBurney continued, saying a law that prevents abortions after six weeks was inconsistent with those rights as well as the proper balance that a viability rule establishes between a woman’s rights and society’s interests in protecting and caring for unborn infants.

The report notes that Georgia Gov. Brian Kemp had signed the “Heartbeat” abortion bill into law in 2019, which made abortions after the six-week mark illegal.

The bill had included some exceptions, including exceptions including rape and incest, as long as a police report was filed, or if the mother’s life was at risk or if a serious medical condition rendered a fetus inviable.

The ACLU cheered, “A state court struck down Georgia’s six-week abortion ban, allowing clinics to resume essential care in the state. This is a victory for our right to abortion.”

IMPORTANT MESSAGE TO ALL DML NEWS APP READERS ABOUT COMMENTS ON ARTICLES: The feature on our website that automatically approves comments is currently down.  We are hoping it will be fixed this week, but it is out of our control. We are making every effort to come in every few minutes and manually push all pending comments out.  We apologize for the inconvenience and ask for your patience and understanding until this matter is resolved.  Please DO continue posting your comments.  Your interaction and feedback is still very important to us.  As usual, comments calling for violence or death toward any individual are not permitted.

The Dennis Michael Lynch Podcast archive is available below, with the most recent on top. Never miss an episode. Subscribe to the show by downloading The DML News App or go to Apple Podcasts.

RELATED ARTICLESMORE FROM AUTHOR

CLICK HERE FOR COMMENTS SECTION