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brian kemp
Judge Strikes Down Georgia's Six-Week Abortion Ban in 'Absolutely Epic Ruling'
"Forcing a woman to carry an unwanted, not-yet-viable fetus to term violates her constitutional rights to liberty and privacy," Fulton County Judge Robert McBurney wrote in his decision.
Sep 30, 2024
Reproductive rights defenders cheered Monday's ruling by a Georgia judge striking down the state's six-week abortion ban as a violation of "a woman's right to control what happens to and within her body," a decision that means the medical procedure will be legal up to approximately 22 weeks of pregnancy.
Fulton County Judge Robert McBurney excoriated the LIFE Act, which was signed into law in 2019 by Republican Georgia Gov. Brian Kemp and prohibits abortion care after fetal cardiac activity can be detected. The so-called "fetal heartbeat" law—a medically misleading term—is applicable before many people even know they're pregnant.
Other states including Kentucky, Mississippi, and Ohio passed similar "heartbeat" laws in anticipation of the U.S. Supreme Court's reversal of Roe v. Wade, which occurred in 2022 when the tribunal's right-wing supermajority issued its Dobbs v. Jackson Women's Health Organization decision.
"Women are not some piece of collectively owned community property the disposition of which is decided by majority vote," McBurney wrote in his ruling. "Forcing a woman to carry an unwanted, not-yet-viable fetus to term violates her constitutional rights to liberty and privacy, even taking into consideration whatever bundle of rights the not-yet-viable fetus may have."
"It is not for a legislator, a judge, or a Commander from The Handmaid's Tale to tell these women what to do with their bodies during this period when the fetus cannot survive outside the womb any more so than society could—or should—force them to serve as a human tissue bank or to give up a kidney for the benefit of another," the judge said.
"It is generally men who promote and defend laws like the LIFE Act, the effect of which is to require only women—and, given the socio-economic and demographic evidence presented at trial, primarily poor women, which means in Georgia primarily Black and brown women—to engage in compulsory labor, i.e., the carrying of a pregnancy to term at the government's behest," McBurney added.
As Jessica Valenti noted on her Abortion, Every Day Substack, "the ruling comes just weeks after ProPublica's investigation into the deaths of two women killed by Georgia's abortion ban, Amber Nicole Thurman and Candi Miller.
As NBC Newsreported Monday:
The case stemmed from a lawsuit filed by SisterSong Women of Color Reproductive Justice Collective and other plaintiffs in 2019 soon after Kemp signed it into law. As it faced the legal challenge, in 2022, McBurney ruled that year that the law violated the U.S. Constitution in 2022 and struck it down. The Georgia Supreme Court, however, soon took up the case and allowed it to remain in effect. The case was sent back to McBurney, who found the law in violation of the state's constitution.
SisterSong Women of Color Reproductive Justice Collective executive director Monica Simpson said in a statement that Monday's ruling is "a significant step in the right direction towards achieving reproductive justice in Georgia."
"We are encouraged that a Georgia court has ruled for bodily autonomy," Simpson continued. "At the same time, we can't forget that every day the ban has been in place has been a day too long—and we have felt the dire consequences with the devastating and preventable deaths of Amber Nicole Thurman and Candi Miller."
"For years, Black women have sounded the alarm that abortion bans are deadly," she noted. "While true justice would mean Amber and Candi were still with us today, we will continue to demand accountability to ensure that their lives—and the lives of others who we have yet to learn of—were not lost in vain."
"We know that the fight continues as anti-abortion white supremacists will stop at nothing to control our bodies and attack our liberation," Simpson added. "We are ready for them and will never back down until we achieve reproductive justice: the human right to maintain personal bodily autonomy, the human right to have children, or not, and raise them in safe and sustainable communities."
Alice Wang, staff attorney at the Center for Reproductive Rights, said that McBurney "has rightfully struck down Georgia's six-week abortion ban as a flagrant violation of Georgia's longstanding and robust right to privacy, restoring access to abortion at a time when too many have been prevented from accessing this critical health care and from deciding what is best for their bodies, health, and family lives."
"For too long, the ban has caused a public health crisis, as evidenced by the testimony plaintiffs presented at trial and devastating stories recently reported about the preventable deaths of Candi Miller and Amber Nicole Thurman," she continued. "Today's ruling is a step toward ensuring that people can access and clinicians can provide critical healthcare without fear of criminalization or stigma."
"This victory demonstrates that when courts faithfully apply constitutional protections for bodily autonomy, laws that restrict access to abortion and force people to continue pregnancies against their will cannot stand," Wang added.
Since the Dobbs ruling, 13 states have passed abortion bans with limited exceptions and 28 states have prohibited the procedure based on gestational duration, according to the Guttmacher Institute.
However, there has been tremendous nationwide pushback against abortion bans, with voters opting to uphold reproductive rights every time the issue appears on state ballots—including in conservative Kansas, Kentucky, Montana, and Ohio.
As many as 10 states could have abortion rights measures on the ballot in this November's election, which at the top of the ticket pits reproductive freedom champion and Democratic Vice President Kamala Harris against former Republican President Donald Trump, who has boasted about appointing three right-wing Supreme Court justices who voted to overturn Roe and who critics fear would sign a national abortion ban if one were passed by Congress.
Trump also said he would allow states to monitor people's pregnancies and prosecute anyone who violates an abortion ban.
Kemp's office slammed McBurney's ruling.
"Once again, the will of Georgians and their representatives have been overruled by the personal beliefs of one judge," Garrison Douglas, a spokesperson for the governor, said in a statement. "Protecting the lives of the most vulnerable among us is one of our most sacred responsibilities, and Georgia will continue to be a place where we fight for the lives of the unborn."
Republican Georgia Attorney General Chris Carr is expected to appeal to the state Supreme Court to block Monday's ruling.
"We are prepared to continue fighting this case regardless," the Center for Reproductive Rights vowed on social media, "and we will NOT back down from this fight."
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Big Win for GOP as Judge Approves Georgia's 'Gerrymandered' House Map
"Federal law requires an end to vote dilution and a real change for injured voters, not reshuffling the same deck," said one plaintiffs' attorney in the case.
Dec 28, 2023
U.S. voting rights defenders on Thursday decried a federal judge's ruling upholding Georgia's GOP-drawn congressional map, which critics argue is racially gerrymandered and, given the state's swing status, could tip the balance of power in Washington in 2024.
U.S. District Judge Steve Jones—an appointee of former Democratic President Barack Obama—handed Republicans a major win in his ruling, which found that Georgia's General Assembly "fully complied with this court's order requiring the creation of Black-majority districts in the regions of the state where vote dilution was found."
The decision means that Georgia Republicans will likely keep their 9-5 edge in the U.S. House of Representatives.
Republican Georgia Gov. Brian Kemp convened a special legislative session earlier this month. State lawmakers redrew the 7th Congressional District, imperiling Democrat Lucy McBath's reelection prospects, while redrawing the 6th Congressional District to make it majority Black to comply with the court's order.
McBath responded to the ruling by announcing she would seek election in the 6th District next year.
"A court just ruled in favor of GOP maps that blatantly target me. But I'm not going anywhere," McBath said on social media. "I refuse to allow an extremist few decide when my work in Congress is complete."
State Rep. Jasmine Clark (D-108) accused the GOP-led Legislature of breaking up one minority-dominant district to create another, which she said violates the Voting Rights Act. Clark added that the new map "blatantly targets" McBath.
While Republicans welcomed Jones' ruling, voting rights advocates condemned the decision—and the new map, claiming it would perpetuate minority voter suppression.
"Federal law requires an end to vote dilution and a real change for injured voters, not reshuffling the same deck," said Ari Savitzky, a senior attorney at the ACLU of Georgia—which represented plaintiffs in the case. "We will continue to hold the General Assembly accountable until Georgia voters get the maps they deserve."
Gerald Griggs, president of the Georgia NAACP, toldReuters that the new map is "racially gerrymandered."
"All of Georgia has now been diluted of our voices," he added. "We respectfully disagree and look forward to further litigation on this issue."
Aunna Dennis, executive director of the progressive advocacy group Common Cause Georgia, said in a statement that "the new maps—drawn unfairly and without transparency—failed to fairly represent Black voters, as ordered by the court."
"Throughout this session, state legislators shuffled our communities to weaken our voices," Dennis added. "Every voter in Georgia deserves to have fair representation in the state Legislature and Congress, and that is why we urge Gov. Kemp to send the Legislature back to the drawing board to design fair maps."
Jones' ruling follows a Wisconsin Supreme Court decision last week that found state Legislature maps rigged by Republican lawmakers unconstitutional. Federal and state courts this year have also struck down gerrymandered maps in Alabama, Florida, and Louisiana.
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Georgia Medicaid Debacle Bolsters Progressive Case Against Work Requirements
"While state politicians continue playing games with people's lives, Georgians are dying because they can't afford the healthcare they need," said Sen. Raphael Warnock.
Dec 26, 2023
An effort by the Republican-led Georgia government to partially expand Medicaid is falling well short of enrollment expectations, a failure that could stem from the program's burdensome work requirements and other administrative barriers that are abundant in a for-profit system that doesn't guarantee healthcare to all as a right.
Politico reported Tuesday that just 1,800 people enrolled during the program's first four months—leaving the state on pace to miss Republican Gov. Brian Kemp's target of 31,000 enrollees within the first year.
"Critics blame the paltry expansion on an overly complex program with too many hurdles for people to clear," the outlet noted.
Brendan Duke, senior director for economic policy at the Center for American Progress, wrote in response to Politico's reporting that "a large part of progressive opposition to work requirements in safety net programs isn’t principle—it's about the paperwork that prevents working people from enrolling in programs they qualify for."
"Great example with Georgia and Medicaid here," Duke added. "Work requirement supporters will ask, 'Why do you oppose work reqs if the vast majority of people would still qualify?' Some of the problem is you're denying support to people who can't find a job. But some of it is you're functionally denying support to people with a job!"
As Georgia began rolling out its Pathways to Coverage program earlier this year following a legal fight with the Biden administration, researchers at Georgetown University's Center for Children and Families (CCF) argued that the state's insistence on a work requirement would likely box many people out, including workers with irregular hours and parents who lack access to childcare.
The work requirements in Georgia's program do not include an exemption for caregiving or high childcare costs, the CCF experts noted. As such, they warned, "many parents will likely remain uninsured under the Pathways program especially parents of babies and toddlers who are preschool age."
Georgia, which has one of the highest uninsured rates in the U.S., is currently the only state with a Medicaid work requirement in effect—though it's not the first to ever implement one.
In 2018, with the approval of the Trump administration, Arkansas put in place work mandates for Medicaid with disastrous results. Before the policy was blocked in federal court, more than 18,000 people in the state were thrown off Medicaid in just seven months for failing to adhere to the requirements.
The Arkansas policy did not boost employment, an outcome consistent with research showing that work requirements are only effective at stripping people of benefits.
"Pathways to Coverage has cost Georgia more money and covers far fewer people than if the state simply joined 40 other states in expanding Medicaid."
In 2021, the Biden administration rescinded Trump-approved waivers that had allowed Georgia and other states to add work requirements to their Medicaid programs. Georgia challenged the decision in court and prevailed last year, thanks to its argument that the experiment would lead to more people receiving coverage than if the program were blocked.
Kemp has suggested that around 345,000 Georgians could be eligible for the expanded Medicaid program, but the state expects that just around 64,000 will eventually enroll in the program.
That's just 14% of the people who would be covered if Georgia joined nearly every other U.S. state in fully expanding Medicaid under the Affordable Care Act, CCF researchers estimated earlier this year.
In addition to covering fewer people than full Medicaid expansion, Georgia's experiment is also expected to cost the state far more.
Leah Chan, senior health analyst at the Georgia Budget and Policy Institute, told a local Georgia newspaper earlier this year that Pathways to Coverage will cost roughly $2,420 per enrollee. Full Medicaid expansion, by contrast, would run the state just $496 per enrollee, as the federal government pays much of the cost.
Sen. Raphael Warnock (D-Ga.) told Politico that "Pathways to Coverage has cost Georgia more money and covers far fewer people than if the state simply joined 40 other states in expanding Medicaid."
"While state politicians continue playing games with people's lives," he added, "Georgians are dying because they can't afford the healthcare they need."
Heightened scrutiny of Georgia's Medicaid experiment comes as states across the U.S. are rapidly conducting eligibility checks and kicking people off Medicaid en masse following the end of pandemic-era protections. Georgia is one of nine Republican-led states that collectively account for 60% of Medicaid and Children's Health Insurance Program disenrollments this year.
An overwhelming majority of the disenrollments nationwide have been for procedural reasons, such as a paperwork error.
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