The Briefing Room

State Chapters => State Politics/Government => Topic started by: libertybele on November 15, 2022, 11:22:25 pm

Title: Georgia judge blocks state's law outlawing most abortions after six weeks
Post by: libertybele on November 15, 2022, 11:22:25 pm: Georgia judge blocks state's law outlawing most abortions after six weeks

A judge blocked Georgia's law outlawing almost all abortions after six weeks on Tuesday, ruling that it violated the U.S. Constitution when it was enacted by the state legislature three years ago.

The law, passed in 2019, restricts abortions once cardiac activity can be detected by an ultrasound, which is usually around six weeks. It includes exceptions for rape and incest as long as a police report was filed, and allows for later abortions if a pregnant woman's life is at risk.

It was blocked for three years until the U.S. Supreme Court overturned Roe v. Wade in June, freeing states to pass their own regulations on abortion. ..........

https://www.foxnews.com/us/georgia-judge-blocks-states-law-outlawing-most-abortions-six-weeks
Title: Re: Georgia judge blocks state's law outlawing most abortions after six weeks
Post by: Kamaji on November 15, 2022, 11:24:57 pm: What kind of an idiot is this judge?
Title: Re: Georgia judge blocks state's law outlawing most abortions after six weeks
Post by: Hoodat on November 15, 2022, 11:28:46 pm: Quote from: libertybele on November 15, 2022, 11:22:25 pm
A judge blocked Georgia's law outlawing almost all abortions after six weeks on Tuesday, ruling that it violated the U.S. Constitution when it was enacted by the state legislature three years ago.

The Constitution hasn't changed over the last three years. So how does this law violate the Constitution?
Title: Re: Georgia judge blocks state's law outlawing most abortions after six weeks
Post by: Kamaji on November 15, 2022, 11:32:13 pm: Quote from: Hoodat on November 15, 2022, 11:28:46 pm
The Constitution hasn't changed over the last three years. So how does this law violate the Constitution?

He appears to be saying that it violated the Constitution when it was originally enacted by Georgia - because at that time the Constitution included Roe v. Wade - and that this past unconstitutionality has somehow tainted the law and made it somehow "not a law" even though it was validly enacted and has not been repealed by Georgia itself.
Title: Re: Georgia judge blocks state's law outlawing most abortions after six weeks
Post by: Hoodat on November 15, 2022, 11:37:00 pm: The judge is basically ruling that segregation should still be the law of the land in Georgia until they pass a new law saying it isn't. The only relevance derived from Brown v. Board of Education is the date that it was decided. If Georgia had outlawed segregation before Brown was decided, then that law would be null and void today according to this judge.
Title: Re: Georgia judge blocks state's law outlawing most abortions after six weeks
Post by: Hoodat on November 15, 2022, 11:41:36 pm: Quote from: Kamaji on November 15, 2022, 11:32:13 pm
He appears to be saying that it violated the Constitution when it was originally enacted by Georgia - because at that time the Constitution included Roe v. Wade

Silly judge. Roe was never part of the Constitution.

His ruling is posted here: https://www.gpb.org/news/2022/11/15/judge-overturns-georgias-ban-on-abortion-after-6-weeks

Quote

Georgia’s Void Ab Initio Doctrine: Explained and Applied

However, before reaching the merits of Plaintiffs’ constitutional claims as they exist today, the Court must first consider whether there is even a law “on the books” for it to assess.7 In Georgia, it is fundamental that “[l]egislative acts in violation of this Constitution or the Constitution of the United States are void, and the judiciary shall so declare them.” Ga. Const., Art. I, § II, ¶ V; see also Beall v. Beall, 8 Ga. 210, 219–20 (1850). But there is a timing element to this analysis: “The time with reference to which the constitutionality of an act of the general assembly is to be determined is the date of its passage, and, if it is unconstitutional, then it is forever void.” Jones v. McCaskill, 112 Ga. 453, 37 S.E. 724, 725 (1900) (emphasis added)

The wording throughout the decision overflows with bias. Nothing fair or impartial contained in it anywhere.