Georgia’s Six Week Abortion Ban Overturned
Judge Robert McBurney ultimately made his ruling based on Georgia's “void ab initio” holding that a state law is "forever void" if it was unconstitutional on the date it was passed into law.
Landwebs
A Fulton County Judge overturned the LIFE Act on Tuesday, a 3-year-old law banning abortion at around six weeks in Georgia, Slate’s Mark Joseph Stern reports. The law, which did not take effect until after the Supreme Court overturned Roe v. Wade in July, was brought to Superior Court Judge Robert McBurney by The American Civil Liberties Union of Georgia. The ACLU made the argument that, among other things, the Georgia constitution protects a woman’s right to choose. McBurney ultimately made his ruling based on Georgia’s “void ab initio” holding that a state law is “forever void” if it was unconstitutional on the date it was passed into law.
As Slate quotes McBurney, “The proper legal milieu in which to assess the LIFE Act’s constitutionality is not our current post-Roe Dobbsian era, but rather the legal environment that existed” when it was enacted. Georgia’s Attorney General filed an appeal shortly after McBurney’s ruling according to NPR.
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