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Georgia abortion ban overturned

Posted on 11/15/22 at 5:39 pm
Posted by PJinAtl
Atlanta
Member since Nov 2007
12747 posts
Posted on 11/15/22 at 5:39 pm
A Fulton County superior court judge has overturned Georgia's heartbeat/6 week abortion ban, saying that because SCOTUS had not yet overturned Roe v Wade when the law passed in 2019, the law was, and still is, unconstitutional. He went on to say that the only way it could be legal is if the legislature passes the bill again.

How in the hell can a county superior court judge make a ruling that impacts the whole state? And with that reasoning, every abortion ban law remains unconstitutional, including the Mississippi law at the center of Dobbs.

I hope this gets appealed to the 5th circuit ASAP.
Posted by roadGator
Member since Feb 2009
140383 posts
Posted on 11/15/22 at 5:40 pm to
It will.
Posted by imjustafatkid
Alabama
Member since Dec 2011
50423 posts
Posted on 11/15/22 at 5:40 pm to


That will be overturned with the quickness.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98729 posts
Posted on 11/15/22 at 5:40 pm to
Lololololololol

Adopting the Sloflopro position.

The constitutional right that never existed bars the state law.
Posted by crewdepoo
Hogwarts
Member since Jan 2015
9597 posts
Posted on 11/15/22 at 5:40 pm to
Put it to a vote
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123887 posts
Posted on 11/15/22 at 5:41 pm to
quote:

How in the hell can a county superior court judge make a ruling that impacts the whole state?
In contradiction to SCOTUS? He should be kicked off the bench tomorrow.
Posted by TIGERHOLD
Orleans Parish
Member since Mar 2022
1031 posts
Posted on 11/15/22 at 5:43 pm to
quote:

I hope this gets appealed to the 5th circuit ASAP


You realize that this was in state court? The 5th circuit is federal and has not included Georgia since the 11th circuit was created in the 1980s.

Anyway, the next stop is the Georgia Court of Appeals, not any federal court.
Posted by McLemore
Member since Dec 2003
31495 posts
Posted on 11/15/22 at 5:45 pm to
quote:

Fulton County superior court judge


Lol. There have been some good ones, Baxter for instance. And I was before a good one the other day.

Well, I’ll leave it at that.
Posted by roadGator
Member since Feb 2009
140383 posts
Posted on 11/15/22 at 5:45 pm to
The leftists are our enemies.

We should encourage them to abort their progeny.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57209 posts
Posted on 11/15/22 at 5:45 pm to
NVM. Already addressed.
This post was edited on 11/15/22 at 5:47 pm
Posted by TigerAttorney
Member since Nov 2017
3809 posts
Posted on 11/15/22 at 5:46 pm to
quote:

Fulton County

That answers your question. Joe Blow from BFE can rule however he wants, it stands until overturned by a higher court.

I wish right leaning judges would have the balls the left wing lunatics on the bench have. Conservative Judges have no spine.
Posted by McLemore
Member since Dec 2003
31495 posts
Posted on 11/15/22 at 5:47 pm to
quote:

of SisterSong Women of Color Reproductive Justice Collective, the lead plaintiff in the case.


We truly live in Evil Clown World.

Eta: they really want to holocaust themselves, don’t they? I mean, who even needs the KKK and skinheads?
This post was edited on 11/15/22 at 5:50 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422412 posts
Posted on 11/15/22 at 5:58 pm to
quote:

Adopting the Sloflopro position.

The constitutional right that never existed bars the state law.

Did I miss where USSC ruled Dobbs to be retroactive?
Posted by STLJ
Member since Nov 2022
847 posts
Posted on 11/15/22 at 5:59 pm to
Stupid judge. It will get overturned on appeal with the quickness
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422412 posts
Posted on 11/15/22 at 6:00 pm to
quote:

In contradiction to SCOTUS?

I mean it's not in contradiction to the USSC if Dobbs wasn't retroactive.

When the USSC changed our rights to require a unanimous jury, that ruling wasn't retroactive, either.

The GA supreme court is going to have to clarify this. When LA was given the same choice, the LASC said the unanimous verdict change in the law wasn't retroactive.
This post was edited on 11/15/22 at 6:05 pm
Posted by Hennigan
Member since Jan 2020
987 posts
Posted on 11/15/22 at 6:03 pm to
In a just society the judge would be tarred and feathered (or thereabouts) and barred from future important decision making positions.
Posted by LSUbest
Coastal Plain
Member since Aug 2007
11062 posts
Posted on 11/15/22 at 6:06 pm to
quote:

A Fulton County superior court judge
Should be impeached and disbarred.
Posted by rooster108bm
Member since Nov 2010
2887 posts
Posted on 11/15/22 at 6:22 pm to
quote:


I wish right leaning judges would have the balls the left wing lunatics on the bench have. Conservative Judges have no spine.


We had one in Alabama but they railroaded his arse out.
Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
15052 posts
Posted on 11/15/22 at 6:41 pm to
Did the Rs increase their representation in the Georgia legislature? At least Kemp will still be the governor. This is a technicality.
Posted by Lakeboy7
New Orleans
Member since Jul 2011
23965 posts
Posted on 11/15/22 at 6:56 pm to
The red weak, old man stream was not because of Abortion…
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