Georgia judge: ‘Women are not some piece of collectively owned community property’
Some key quotes from the order in which Judge Robert McBurney struck down Georgia’s extremely restrictive abortion ban:
Women are not some piece of collectively owned community property the disposition of which is decided by majority vote.
… [T]he liberty of privacy means that they alone should choose whether they serve as human incubators for the five months leading up to viability. 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.
… [L]iberty in Georgia includes in its meaning, in its protections, and in its bundle of rights the power of a woman to control her own body, to decide what happens to it and in it, and to reject state interference with her healthcare choices.
After a Georgia judge’s ruling struck down the state’s restrictive 2019 abortion law, which abortion after roughly around six weeks of pregnancy, advocates and analysts have highlighted the order’s bold arguments, which invoked the Handmaid’s Tale and compared certain kinds of abortion bans to “involuntary servitude” or “compulsory labor.”
Some advocates, like senator Tina Smith of Minnesota, have highlighted the broader importance of Georgia allowing access to abortion care through 22 weeks of pregnancy, since many surrounding states in the south also have very restrictive anti-abortion laws.
Others, like my colleague Carter Sherman, have noted that this ruling comes after Georgia has made national headlines after a ProPublica investigation into the deaths of two Georgia women, Amber Thurman and Candi Miller, who died what experts called “preventable” deaths after delays in care that were related to Georgia’s anti-abortion law.
Georgia judge describes ‘subtext of involuntary servitude’ in abortion debate
Another key quote from the order, by Fulton county superior court judge Robert McBurney, that overturned Georgia’s restrictive ban on abortion at around six weeks of pregnancy, which state legislators passed in 2019:
“There is an uncomfortable and usually unspoken subtext of involuntary servitude swirling about this debate, symbolically illustrated by the composition of the legal teams in this case. 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, ie, the carrying of a pregnancy to term at the government’s behest.”
Read my colleague Carter Sherman’s full report here:
Who is Judge Robert McBurney, who struck down Georgia’s restrictive abortion ban?
It’s not the first time Robert C I McBurney, a Fulton county superior court judge based in Atlanta, has made national headlines.
McBurney previously struck down Georgia’s very restrictive ban on abortion at around six weeks of pregnancy and he also presided over parts of the Georgia election interference case against Donald Trump and key allies, a case that is currently stalled.
McBurney, a former federal prosecutor, was appointed to his role in 2012 by Republican governor Nathan Deal, to fill the seat of a judge who was retiring. He has since run for reelection and won.
In 2023, a columnist for the Atlanta Journal-Constitution called McBurney “the hardest working judge in Georgia” and said that a joke recently at the Atlanta courthouse was , “Aren’t there any other judges in the county?”
McBurney is also set to hear a key case on election regulations in Georgia tomorrow, the Associated Press reports.
Georgia judge: ‘Women are not some piece of collectively owned community property’
Some key quotes from the order in which Judge Robert McBurney struck down Georgia’s extremely restrictive abortion ban:
Women are not some piece of collectively owned community property the disposition of which is decided by majority vote.
… [T]he liberty of privacy means that they alone should choose whether they serve as human incubators for the five months leading up to viability. 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.
… [L]iberty in Georgia includes in its meaning, in its protections, and in its bundle of rights the power of a woman to control her own body, to decide what happens to it and in it, and to reject state interference with her healthcare choices.
More from the Associated Press on the legal reasoning behind the order:
Fulton County Superior Court Judge Robert McBurney wrote in his order that ‘liberty in Georgia includes in its meaning, in its protections, and in its bundle of rights the power of a woman to control her own body, to decide what happens to it and in it, and to reject state interference with her healthcare choices.’
McBurney wrote that his ruling means the law in the state returns to what it was before the law was passed in 2019:
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.
An “arbitrary six-week ban” on abortions “is inconsistent with these rights and the proper balance that a viability rule establishes between a woman’s rights of liberty and privacy and society’s interest in protecting and caring for unborn infants”, the order says.
Abortions in Georgia can once again be performed through 22 weeks – report
After a judge in Georgia struck down the state’s ban on abortions once a doctor can detect a fetal heartbeat, which is usually about six weeks into pregnancy, the procedure is once again legal in Georgia through about 22 weeks of pregnancy, the Atlanta Journal-Constitution reported.
More context from the Associated Press:
When the US Supreme Court overturned Roe v Wade in 2022 and ended a national right to abortion, it opened the door for state bans. Fourteen states now bar abortion at all stages of pregnancy, with some exceptions. Georgia was one of four where the bans kick in after about the first six weeks of pregnancy – which is often before women realize they’re pregnant.
A judge in Georgia struck down the state’s ban on abortions after about six weeks of pregnancy, the Atlanta Journal-Constitution reports.
The law was similar to many passed by Republican-led states after the supreme court overturned Roe v Wade in 2022. Democrats, including Kamala Harris, have recently seized on the law as an example of the consequences of electing Donald Trump and the Republicans, after a woman was reported to have died in the state after being denied lifesaving care due to the law. Here’s more on that:
As many as 600 people remain missing after Hurricane Helene swept through the south-eastern United States, White House homeland security adviser Elizabeth Sherwood-Randall told reporters.
“The current data we have is that it looks like there could be as many as 600 loss of lives, but we don’t have any confirmation of that. We know there are 600 who are either lost or unaccounted for, and so that work is ongoing,” Sherwood-Randall said at the White House press briefing.
She added that there’s a high degree of uncertainty to the numbers:
I’ll caution you, because we’ve seen this before. Those numbers vary widely. There’s a lot of reporting that doesn’t add up about the numbers. And so, while we may see the numbers go up as we get to more locations that have not yet been fully developed in terms of disaster immediate emergency response operations, we may see more people who unfortunately perished, but we may also not see the numbers skyrocket as people have predicted they might.
Authorities in Georgia, Florida, North Carolina and elsewhere have already confirmed more than 100 deaths from the storm that swept in from the Gulf of Mexico:
Donald Trump’s dystopian vision for the United States took a new turn on Sunday, when he mulled adopting something only seen in horror films to fight crime. The Guardian’s Robert Tait has more:
Donald Trump has been accused of invoking plotlines similar to The Purge – a dystopian horror film in which officially sanctioned murder is occasionally legal – as a possible solution to crime in the US after saying it could be eradicated in “one really violent day”.
In what was seen as an extreme display of demagoguery even by his standards, Trump drew cheers from an audience in Erie, Pennsylvania, with a picture of an out-of-control crime spree that he said could be ended “immediately” with one “real rough, nasty day”, or “one rough hour”.
“You see these guys walking out with air conditioners with refrigerators on their back, the craziest thing,” Trump said. “And the police aren’t allowed to do their job. They’re told, if you do anything, you’re gonna lose your pension.
“They’re not allowed to do it because the liberal left won’t let them do it. The liberal left wants to destroy them, and they want to destroy our country.”
In a passage that provoked a storm on social media, the former president and Republican nominee then said: “If you had one day, like one real rough, nasty day with the drug stores as an example, where, when they start walking out with … ”
Further evidence that Donald Trump has no intention of giving the politicking a rest in the wake of Hurricane Helene can be found on X, where he implies, once again without evidence, that North Carolina’s Democratic governor Roy Cooper is frustrating the humanitarian response.
“I’ll be there shortly, but don’t like the reports that I’m getting about the Federal Government, and the Democrat Governor of the State, going out of their way to not help people in Republican areas,” Trump wrote.
North Carolina is considered a swing state in this election, though it has not voted for a Democratic candidate since 2008, and polls there have lately shown Trump with a narrow lead.
The governorship seems to be slipping away from GOP candidate Mark Robinson, after CNN broke the news that he had a long history of making lewd and offensive comments on a pornography websites’s message board. Here’s the latest on that fiasco:
When he spoke before a furniture store gutted by Hurricane Helene in Valdosta, Georgia, Donald Trump insisted he was not there for political purposes. His social media posts tell a different story.
About an hour ago on Truth Social, he seized on the below tweet from Kamala Harris:
The former president wrote that the photo of the president was “FAKE and STAGED”, without providing evidence, then went on to accuse both Harris and Joe Biden of leaving “Americans to drown in North Carolina, Georgia, Tennessee, Alabama, and elsewhere in the South”.
“Under this Administration, Americans always come last, because we have ‘leaders’ who have no idea how to lead!” Trump added.
Thousands of Americans died in hurricanes that struck Texas, Puerto Rico, and elsewhere during Trump’s presidency. After he left office, a report found that his administration unnecessarily delayed emergency money for Puerto Rico, after it was devastated by Hurricane Maria:
Donald Trump attempted to put politics aside as he spoke before a furniture store damaged by Hurricane Helene in Valdosta, Georgia.
That’s despite the fact that he had minutes earlier accused Joe Biden of not speaking to the state’s governor Brian Kemp following the storm, even though the White House said the two men spoke on Sunday.
“As you know, our country is in the final weeks of a hard-fought national election, but in a time like this, when a crisis hits, when our fellow citizens cry out in need, none of that matters. We’re not talking about politics now. We have to all get together and get this solved,” Trump said.
Kamala Harris made a little bit of news earlier today, saying in an interview that she supported legalizing marijuana – a step even the cannabis-friendly administration of Joe Biden hesitated to embrace.
“I just feel strongly people should not be going to jail for smoking weed. And we know historically what that has meant and who has gone to jail,” Harris told the All the Smoke podcast. “Second, I just think we have come to a point where we have to understand that we need to legalize it and stop criminalizing this behavior.”
The vice-president added: “This is not a new position for me. I have felt for a long time we need to legalize it.”
The statement represents a break with Biden, who moved to lower restrictions on cannabis while still keeping it broadly illegal at the federal level. Full decriminalization would solve the array of conflicts that have developed as states have moved to legalize marijuana for medicinal and recreational purposes. Here’s more on that:
In about 30 minutes, Donald Trump will speak from a furniture store in Valdosta, Georgia, a town affected by Hurricane Helene.
The former president began his visit to the swing state by falsely claiming that Joe Biden had not spoken to Georgia governor Brian Kemp. Here’s video of the remark, from the Atlanta Journal-Constitution:
The White House announced yesterday that Biden had spoken to Kemp, a Republican, along with Roy Cooper, North Carolina’s Democratic governor, and Valdosta mayor Scott Matheson.
When Tim Walz and JD Vance take the debate stage tomorrow night, expect to see two very different styles of debating, and two equally different views of the nation’s future, the Guardian’s Rachel Leingang reports:
When Tim Walz and JD Vance square off as vice-presidential picks on Tuesday, it will be the biggest debate stage for both of the politicians who are newly becoming household names.
Walz, the Democratic governor of Minnesota, and Vance, a Republican senator from Ohio, have been honing their public-speaking skills – and their pointed barbs at each other – in TV appearances and at events around the country in the past few months.
Their experiences in electoral debates haven’t reached the levels or notoriety that come along with a presidential campaign, but both have faced opponents in public debates in past elections.
Given the tightness of the presidential race, and how poorly the first presidential debate between Joe Biden and Donald Trump went, there will probably be more people tuned in to the vice-presidential debate than in past cycles. While VP debates don’t usually tip the scales much, they could matter in a close race – and they build profiles for lower-profile politicians who will probably stay on the national scene for years to come.
On a press call this morning, Tom Emmer, the Republican representative from Minnesota, confirmed he has been playing Tim Walz in JD Vance’s debate prep.
Republicans are seeking to frame Walz, the folksy Minnesota governor who has proved to be the most popular figure in the presidential race, as a mean-spirited, ogreish figure.
Asked about his portrayal of Walz, Emmer said: “Quite frankly, it’s tough because he is really good on the debate stage.”
Emmer, who ran unsuccessfully for Minnesota governor in 2010, added: “[Walz] is going to stand there and he lies with conviction, and he has these little mannerisms where he’s just, hey, I’m the nice guy, but he’s not nice at all.”
Emmer predicted that Vance “is prepared to wipe the floor with Tim Walz and expose him for the radical liberal he is”. He added: “Tim Walz is nothing more than Gavin Newsom [the governor of California] in a flannel shirt.”
Jason Miller, a senior adviser to the Trump campaign, predicted that Walz is “going to look to stick the shiv into JD Vance at every opportunity” and predicted that: “The Tim Walz we see tomorrow night will be a completely different character from what we’ve seen so far on the 2024 campaign trail.”
Asked whether Donald Trump would agree to debate Kamala Harris for a second time, Miller said Trump “has made it pretty clear where he is”. Harris has accepted an invitation to debate on CNN on 23 October, but Trump, who was widely viewed to have lost the first debate, has claimed that it is “too late” for a second debate.
The US Department of Justice has agreed to pay $22.6 million to settle a lawsuit by 34 women who claim they were wrongly dismissed from the FBI’s agent training academy because of their sex, according to a court filing today.
The settlement, which must be approved by a federal judge in Washington DC, would resolve a 2019 class action claiming the Federal Bureau of Investigation, which is part of the Justice Department, had a widespread practice of forcing out female trainees, Reuters reports.
The plaintiffs say that they were found unsuitable to graduate from the training academy even though they performed as well as or better than many male trainees on academic, physical fitness, and firearms tests. Some of them also say they were subjected to sexual harassment and sexist jokes and comments.
Along with the payout, the proposed settlement would allow eligible class members to seek reinstatement to the agent training program and require the FBI to hire outside experts to ensure that its evaluation process for trainees is fair.
Department’s internal watchdog released a report in 2022 finding that female FBI trainees were disproportionately likely to be dismissed and to be cited for conduct “unsuitable” for an agent. Less than one-quarter of FBI special agents are women, the agency said in a report released in April.
The man charged with attempting to assassinate Donald Trump after allegedly positioning himself with a rifle outside one of the former president’s Florida golf courses on 15 September pleaded not guilty this morning to five federal charges.
Ryan Routh, 58, entered the plea to charges that include attempted assassination of a major presidential candidate during a hearing in federal court. He has already been ordered to remain in jail to await a trial, Reuters reports.
Prosecutors have said Routh intended to kill Trump as he golfed at Trump International Golf Club in West Palm Beach. Routh, a struggling roofing contractor, condemned the Republican presidential candidate in a self-published book and dropped off a letter months earlier with an associate referencing an attempted assassination on Trump, according to prosecutors.
This was an assassination attempt on Donald Trump but I failed you,” the suspect wrote, according to a court filing by prosecutors.
Lawyers for Routh suggested at a 23 September court hearing that the letter may have been an attempt by their client at gaining publicity and highlighted what they called Routh’s efforts to promote democracy in Ukraine and Taiwan.
Routh is accused of poking a rifle through a fence at the course with the intention to kill Trump. When a federal agent spotted it and fired shots, the suspect fled but was arrested.
Joe Biden finished up his remarks on the impact of Hurricane Helene by saying that as US president he had seen many disasters and heard “dozens of stories from survivors”.
“I know how it feels to be left with nothing,” he said, “not even knowing where or when you’re back on track. I’m here to tell every single survivor in these impacted areas that we will be there with you as long as it takes … I urge everyone returning to their communities and homes to listen to the local officials and follow all the safety instructions.”
He continued: “Take this seriously, please be safe, your nation has your back and the Biden-Harris administration will be there until the job is done.”
In answer to a press question, Biden said no decision has been made yet on whether to ask the US Congress (which is in recess) to come back for a special session to approve additional emergency funding as a result of what he described as the “really, really devastating” storm.
He said he had spoken to the governor of North Carolina [Democrat Roy Cooper] and expects to visit the state on Wednesday or Thursday of this week.
Source: US Politics - theguardian.com
