Rogue Fulton County Judge Makes Bombastic Ruling One Week After Elections

OPINION:  This article contains commentary which may reflect the author’s opinion

The fight over ending the life of a living baby in utero is continuing on even after the US Supreme Court ruled that killing a baby is not a Constitutional right that women have when they overturned Roe V. Wade, leaving the most extreme left absolutely despondent. Killing babies in utero is somewhat of a right of passive for the Marxist left. One activist Judge is playing politics with the issue.

In Georgia, a judge ruled that banning the slaughter of infants was ‘unconstitutional” just days after the most recent election.  This happens in the same state that recently released guidance from the Georgia Department of Revenue declared that for Georgia residents, a fetus qualifies as a dependent for tax purposes as of July 20, 2022. Now there is a conflict.

NPR reported in August:

“Pregnant Georgians can now list their fetus as a dependent on their tax returns. The Georgia Department of Revenue released new guidance this week establishing that the agency “will recognize any unborn child with a detectable human heartbeat … as eligible for the Georgia individual income tax dependent exemption.”

“An individual at least six weeks pregnant on or after July 20 through Dec. 31, 2022, can list the fetus as a dependent on their tax returns starting next year, the agency said. Georgian taxpayers can claim an exemption in the amount of $3,000 for each dependent,” NPR reported, adding:

This policy change follows the U.S. Supreme Court’s decision in June that overturned Roe v. Wade and ended the constitutional right to an abortion. Following that, an appeals court ruled on July 20 that Georgia’s ban on abortion after six weeks of pregnancy could become law.

Here’s where abortions are now banned or strictly limited, and where they may be soon
Taxpayers will have to submit relevant medical records or other supporting documentation to the department in order to prove their filing.”

The “fetal personhood law” is the idea that a fetus is a person with full constitutional rights from the moment of fertilization. Both Georgia and Arizona established this in their abortion laws, but Arizona’s statute has been challenged in court.

This tax policy change has far wider implications “from taxes and inheritance rights to education to population counts,” says Elizabeth Nash, the Guttmacher Institute’s principal policy associate for state issues.

And then a judge came along and acted like an activist:

“Georgia’s six-week abortion ban overturned as unconstitutional. Judge rules state’s ban on terminations once ‘detectable human heartbeat’ present violated US constitution at the time it was enacted,” the Guardian reported, adding:

“A judge overturned Georgia’s ban on abortion starting around six weeks into a pregnancy, ruling on Tuesday that it violated the US constitution and US supreme court precedent when it was enacted.”

The ruling by Judge Robert McBurney of Fulton county superior court applies statewide. The ban had been in effect since July.

It prohibited most abortions once a “detectable human heartbeat” is present. Cardiac activity can be detected by ultrasound in cells within an embryo that will eventually become the heart as early as six weeks into a pregnancy. That means most abortions in Georgia were, in effect, banned at a point before many women knew they were pregnant.

McBurney’s ruling came in a lawsuit that sought to strike down the ban on multiple grounds, including that it violates the Georgia constitution’s right to privacy and liberty by forcing pregnancy and childbirth on women in the state. The lawsuit filed by doctors and advocacy groups in July also argued that Georgia’s abortion ban was invalid because it violated the US constitution and US supreme court precedent when it was enacted.

McBurney agreed with that argument in his decision.

Georgia’s law was passed by state lawmakers and signed by the Republican governor, Brian Kemp, in 2019 but had been blocked from taking effect until the supreme court overturned Roe v Wade, which had protected the right to an abortion for nearly 50 years. The 11th US circuit court of appeals allowed Georgia to begin enforcing its abortion law just over three weeks after the high court’s decision in June.

McBurney said when the law was enacted, “everywhere in America, including Georgia, it was unequivocally unconstitutional for governments – federal, state, or local – to ban abortions before viability.”

He said the state’s law “did not become the law of Georgia when it was enacted and it is not the law of Georgia now”.

“The state has argued that the Roe decision itself was wrong and the supreme court ruling wiped it out of existence,” the left-leaning, pro- abortion loving, Guardian reported, adding their point of view:

“The end of the right to abortion in the United States will have devastating consequences around the world. A half-century ago, the Supreme Court’s landmark Roe v Wade decision inspired a new era of reproductive freedom in dozens of countries. The court’s reversal will empower anti-abortion voices everywhere, threatening reproductive freedom and the right to control one’s destiny.”


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