And Only Then

[F]or many women, their pregnancy was unintended, unexpected, and often unknown until well after the embryonic heartbeat began.  Yet that's too late under the LIFE Act's strictures: these women are now forbidden from undoing that life-altering change of circumstances -- before they even knew the change had occurred.

For these women, the 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.  Considering the compelling record evidence about the physical, mental, and emotional impact of unwanted pregnancies on the women who are forced by law to carry them to term (as well as on their other living children), the Court finds that, until the pregnancy is viable, a woman's right to make decisions about her body and her health remains private and protected, i.e., remains her business and her business alone.  When someone other than the pregnant woman is able to sustain the fetus, then -- and only then -- should those other voices have a say in the discussion about the decisions the pregnant woman makes concerning her body and what is growing within it.

-- Fulton County Superior Court Judge Robert C.I. McBurney, deciding SisterSong Women Of Color Reproductive Justice Collective, et al v State of Georgia in favor of the plaintiff, ruling that Section 4 of the LIFE Act is unconstitutional and unenforceable