America has entered a constitutional crisis. The Judicial branch is in shambles.
And now a rogue Judge has handed down a crazy ruling on the U.S. Constitution.
In the Summer of 2022, the U.S. Supreme Court ruled on the Dobbs v. Jackson Women’s Health Organization arguing that the precedent of Roe v. Wade and Planned Parenthood v. Casey “must be overruled.” This had many judicial implications for the nation, one of them being that the federal government no longer recognized a “constitutional” right to an abortion.
Another major intention of the ruling was to allow states to exercise their right to legislate this matter how they see fit. Some states like Tennessee already had abortion “trigger” laws in place as well, which would effectively outlaw abortion except in life-threatening situations as soon as Roe v. Wade was overturned (as it was).
Well one rogue judge is taking it upon himself to tell the U.S. Supreme Court that they are wrong and that the U.S. Constitution does include a right to an abortion. The argument is that abortion restrictions, not even just outright bans, are violations of the rights women have in the U.S. Constitution.
A Georgia state judge ruled on Monday that the state’s six-week abortion ban is unconstitutional and unenforceable under the Georgia Constitution. Fulton County Superior Court Judge Robert McBurney’s decision marked a significant legal shift, determining that Georgia’s constitutional protections of liberty include the right for women to obtain an abortion up until the point a fetus is viable outside the womb, free from state interference.
The law in question, which was enacted in 2022, restricted access to abortion by prohibiting the procedure once fetal cardiac activity could be detected — often as early as six weeks into pregnancy. McBurney’s ruling challenges this restriction, stating that “when a fetus growing inside a woman reaches viability, when society can assume care and responsibility for that separate life, then — and only then — may society intervene,” according to CNN.
A Fulton County Superior Court judge in Atlanta just ended the Heartbeat Bill.
An abortion can now be committed up to 22 weeks.
Pray for Georgia.
pic.twitter.com/N9IfaeitHe— Kristan Hawkins (@KristanHawkins) September 30, 2024
He further criticized the six-week ban, describing it as “inconsistent with… a viability rule” that balances a woman’s right to liberty and privacy with society’s interest in protecting unborn infants.
This ruling effectively reinstates the pre-2022 legal framework, allowing abortions up to around 20 weeks of pregnancy — the point when a fetus is generally considered viable. However, the decision could be short-lived, as Georgia Attorney General Chris Carr immediately announced plans to appeal to the state supreme court, which may place Monday’s ruling on hold.
Governor Brian Kemp responded sharply to the ruling, emphasizing his commitment to upholding Georgia’s abortion laws. “Once again, the will of Georgians and their representatives has been overruled by the personal beliefs of one judge,” he said. Kemp reiterated that “protecting the lives of the most vulnerable among us” remains a core responsibility for the state.
On the other side, abortion rights groups and providers welcomed the decision. Monica Simpson of SisterSong hailed it as a victory for women’s rights. Meanwhile, Melissa Grant, co-founder of abortion provider Carafem, expressed both relief and concern. Although Carafem is preparing to expand services, Grant noted the uncertainty that surrounds the ruling’s potential reversal, which she said could cause considerable stress for both staff and patients planning their health care.
The ruling comes amid a national spotlight on abortion rights following the U.S. Supreme Court’s decision to overturn Roe v. Wade. This development has intensified debate around the issue, particularly as state and national elections loom. Vice President Kamala Harris has been vocal in her criticism of Republican-led abortion restrictions, recently speaking in Atlanta about the threat these laws pose to women’s freedoms.
Harris also expressed her support for abolishing the Senate’s filibuster rule, a procedural change that would lower the threshold for passing abortion-rights legislation from 60 votes to a simple majority.
As the legal landscape continues to evolve, the ruling is sure to fuel ongoing political debate, particularly in Georgia, which is a critical swing state in the upcoming Presidential election.
Abortion & The 2024 Election So Far
The mainstream media has been claiming for months now that Donald Trump and his Republican allies are making “missteps” on the abortion issue, suggesting that Americans don’t want to hear any opinion other than a completely, 100% pro-choice one that supports abortion through all nine months of a pregnancy.
That’s not true, though. Surveys have demonstrated that the vast majority of Americans actually support restrictions somewhere around the first or second trimester of a pregnancy. Of course, this narrative doesn’t line up with the one the Democrats want.
Donald Trump even knew this and tried to pin Kamala Harris down to answer an honest question during the debate about whether she supports any restrictions on abortion whatsoever. Of course, she never answered the question and the ABC moderators never forced her to.
While the abortion issue may be in the favor of Democrats for now, the reality is that their extremism is being obscured currently by the efforts of the political class and the mainstream media. All it will take is the pendulum swinging too far to the Left and Americans will see how atrociously extreme their views on abortion truly are.
Stay tuned to the Conservative Column.
