20 Comments

    1. I wouldn’t celebrate yet. The Georgia supreme court will just overturn this and reinstate the ban again.

    2. “While the State’s interest in protecting “unborn” life is compelling, until that life can be sustained by the State — and not solely by the woman compelled by the Act to do the State’s work — the balance of rights favors the woman.” 2/

    3. “Women are not some piece of collectively owned community property the disposition of which is decided by majority vote. Forcing a woman to carry an unwanted, not-yet-viable fetus to term violates her constitutional rights to liberty and privacy, even taking into consideration whatever bundle of rights the not-yet-viable fetus may have.” 3/

    4. “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.” 4/

    5. “When someone other than the pregnant woman is able to sustain the fetus, then — and only then — should those other voices have a say in the discussion about the decisions the pregnant woman makes concerning her body and what is growing within it.” 5/

    6. “There is nothing so urgent or important to the State about the medical records of women who end pregnancies that the privacy rights of those women — and the Fourth Amendment protections that attach to those rights — can be bulldozed away by statutory enactment.” 6/

    7. “…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.” 7/

    8. herefromyoutube on

      I know it’s good but this couldn’t wait 40 days?

      You want Georgians to vote. Now some won’t.

    9. WOW, I’m without words. This judge pressed all the buttons. This may be the most eloquent ruling in the past year of really shitty judges. I’m apologize to the judge for the hate spewing Neanderthals that will attack him.

    10. This quote caught my attention immediately:

      >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…

      Here’s some of the judge’s reasoning:

      >“This dispute is fundamentally about the extent of a woman’s right to control what happens to and within
      her body. The baseline rule is clear: a legally competent person has absolute authority over her body and should brook no governmental interference in what she does — and does not
      do — in terms of health, hygiene, and the like.”

      He also found many portions of the anti-abortion act contrary to law and contrary to reason:

      >A law that saves a mother from a potentially fatal pregnancy when the risk is purely
      physical but which fates her to death or serious injury or disability if the risk is “mental or
      emotional” is patently unconstitutional and violative of the equal protection rights of
      pregnant women suffering from acute mental health issues.

      He also challenged the legailty fo the DA having automatic access to women’s medical records, as well as a portion that forces women to report sexual assault if they want a rape/incest exception. Both of these conditions have been ruled illegal in other cases.

      All that said, the judge does NOT support unrestricted access to abortion and states that women’s right to abortion tends to cease at the time the fetus becomes viable.

    11. Rassayana_Atrindh on

      Does someone have screenshots of the whole thread for those of us who don’t have Twitter? Sigh.

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