Thread by @bluestein

A Fulton County judge has overturned Georgia's ban on abortion that begins when a doctor can detect a fetal heartbeat, which is as early as six weeks. Here's the ruling: #gapol documentcloud.org/documents/2330…

Judge McBurney wrote that the restrictions were "plainly unconstitutional when drafted, voted upon and enacted" when lawmakers adopted them in 2019, so they can't be enforced now. No immediate comment from Kemp's office. #gapol

The AG's office plans to pursue an immediate appeal but for now Georgia is enjoined from "seeking to enforce in any manner the post-heartbeat ban on abortion procedures in Georgia because there is no legal basis for them to do that which is not the law of this state." #gapol

The state can no longer enforce its ban on abortion that took effect earlier this year, a Fulton County judge ruled, allowing the procedure to be performed again in Georgia after a doctor detects fetal cardiac activity: #gapol #gasen ajc.com/politics/fulto…

The judge left the door open for state lawmakers to revisit the ban, but that would be a risky proposition. The 2019 law passed with just one vote to spare in the Georgia House, and since then the Republican majority in the Legislature has narrowed. #gapol ajc.com/politics/fulto…

Judge McBurney's footnote #5 is worth a closer look: "This new majority has provided our nation with a revised (and controlling) interpretation of what the unchanged words of the U.S. Constitution really mean.
And until that interpretation changes again, it is the law." #gapol

Kemp’s office swipes at the judge: “Today’s ruling places the personal beliefs of a judge over the will of the legislature and people of Georgia. The state has already filed a notice of appeal, and we will continue to fight for the lives of Georgia’s unborn children.” #gapol

What’s next in Georgia? If the ruling stands, Kemp and Republicans w/ a dwindling majority in the Legislature must decide whether to reinstitute abortion limits struck down on grounds they were plainly unconstitutional at the time they were passed. #gapol

ajc.com/politics/polit…