Georgia’s Supreme reinstated the Peach State’s heartbeat bill on Wednesday. The said bill was previously overturned by a left-wing Fulton County judge.
Most abortions were prohibited after six weeks, when fetal heartbeats are typically detected.
According to Breitbart News, Fulton County Judge Robert C. I. McBurney overturned Georgia's abortion ban, attempting to incorporate the right to abortion into the state constitution in the same way that Roe v. Wade and Planned Parenthood v. Casey did.
McBurney's opinion came after the overturn of Roe and Casey in Dobbs v. Jackson Women's Health Organization and made a clear appeal to substantive due process — the creation of constitutional rights by the judiciary. He said: “This ruling is merely a reinforcement of what ought to be for everyone the uncontroversial notion that, if the judicial branch has declared a constitutional right, legislatures exceed their authority, improperly expand their role, and fundamentally alter the balance struck by the separation of powers when they enact laws they know to be plainly and facially unconstitutional.”
The state Supreme Court, on the other hand, reversed McBurney's decision in a one-page decision.
As Republicans try to assess their underwhelming performance on Election Day, many believe that many candidates' fear of addressing social issues — focusing far too much on the economy and inflation — contributed to their narrow House majority and Senate loss.
Georgia is still holding elections, which will determine whether Democrats have an outright majority or a 50-50 split, necessitating Vice President Kamala Harris breaking any ties.
Democrats were unable to unseat pro-life Georgia Gov. Brian Kemp (R), but a runoff election between pro-abortion Sen. Raphael Warnock (D-GA) and pro-life Republican candidate Herschel Walker is still ongoing.
The case is Georgia v. SisterSong Women of Color Reproductive Justice Collective, No. S23M0358, in Georgia’s Supreme Court.
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