ATLANTA (AP) — Georgia Officials asked Friday’s court to block immediately a request for a restraining order. judge’s ruling striking down the state’s abortion ban. This ruling allows the procedure to be repeated beyond six weeks of gestation.
Fulton County Superior Court Judge Robert McBurney’s decision earlier this week was “remarkable” Rely on it. “wholly unsupported theory that has no basis in law, precedent, or common sense,” the state attorney general’s office said in court documents filed with the Georgia Supreme Court.
It asked the high court for an order immediately putting McBurney’s decision on hold while the justices take more time to consider an appeal. Such an order would restore the state’s ban on abortion, which started roughly six weeks into pregnancy.
“This Court should stay the lower court’s decision now, without waiting to overrule it months down the line, while untold numbers of unborn children suffer the permanent consequences,” Georgia Stephen Petrany, Solicitor General, wrote.
The American Civil Liberties Union of Georgia, which represented doctors and advocacy groups that asked McBurney to throw out the law, said the judge’s ruling was correct and should stand. It also pointed out that abortion providers resumed The procedure can be continued beyond six weeks after his ruling.
“Appropriate reproductive health care has restarted in this state, and it should continue — with Georgia’s women and their partners being free to make private decisions about when and whether to have a family, without politicians,” ACLU of Georgia Andrea Young, executive director, said in a statement.
McBurney ruled Tuesday that the state’s abortion ban was invalid because when it was signed into law in 2019, U.S. Supreme Court precedent under Roe. Wade v. United States and another ruling permitted abortion to continue for at least six more weeks. He stated that legislators are not within their rights when they pass laws that are contrary to a constitutional right that has been declared by the judicial branches.
This decision immediately stopped the enforcement of the state abortion ban. It was in place since July, and most abortions are now prohibited. “detectable human heartbeat” It was present.
Ultrasound can detect cardiac activity in embryos that eventually become the heart six weeks after conception. This means that most abortions are in. Georgia They were effectively banned before many people realized they were pregnant.
Petrany stated in his court filing that Georgia’s ban went into effect after the U.S. Supreme Court Roe v. Wade was overturned in June. He wrote that when judicial precedents are overruled they are never law.
“No other court has ever held that an overruled judicial opinion can, like a zombie rising from the grave, invalidate otherwise perfectly valid laws,” He claimed.