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Chris Geidner
@chrisgeidner.bsky.social
💻 www.lawdork.com for SCOTUS, LGBTQ, criminal justice, and other legal news. / DMs open. / Email: lawdorknews@gmail.com / Sober. Queer. Bipolar. Buckeye. / He/him.
31.2k followers875 following6.3k posts
CGchrisgeidner.bsky.social

Via AJC, here's the opinion: www.documentcloud.org/documents/25...

Accordingly, Section 4 of the LIFE Act is hereby DECLARED unconstitutional.33 ... Finally, O.C.G.A. 16-12-141(f) is DECLARED unconstitutional. It, too, shall not be enforced by the State or any of its agents. 33 The Court has addressed Plaintiffs’ equal protection challenges in this Order as well. However, those conclusions are mooted by the re-affirmation that, in Georgia, women’s rights to liberty and privacy guarantee their freedom to make personal, private healthcare choices until a fetus reaches viability. Should a higher court divine a different, more restrictive meaning of liberty for the over five million women of Georgia, then this Court’s ruling that the medical emergency exception that excludes mental health emergencies violates some Georgians’ right to the equal protection of law must also be considered.
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CGchrisgeidner.bsky.social

Do not skip Judge Robert McBurney's footnotes.

2 ~ The fundament upon which the majority rested its opinion -- the falsely modest precept that "the Court is not the source of the Constitution's meaning" - guaranteed the outcome but misstates judicial (and political) reality. ... [T]he meaning of the Constitution is no more fixed than is the composition of the majority in the highest courts of the land -- especially when formerly bedrock principles such as stare decisis appear to be on the wane. Given that less majestic but undeniable reality, the more logical approach to assessing whether a legislative enactment is void at the time of its passage is to rely on the then-controlling Constitutional interpretations. ... Otherwise, "ghost" laws from years or decades past, enacted by legislators long since voted out of office, can spring to life when our ever-changing politics yields a new majority on our high courts, a majority which in turn imparts a new meaning to a supposedly unchanged and unchanging Constitution. But here we are.
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Chris Geidner
@chrisgeidner.bsky.social
💻 www.lawdork.com for SCOTUS, LGBTQ, criminal justice, and other legal news. / DMs open. / Email: lawdorknews@gmail.com / Sober. Queer. Bipolar. Buckeye. / He/him.
31.2k followers875 following6.3k posts
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