Re: GEN: Rainy Night In Georgia

From: DoctorJoe@aol.com
Mon Jan 12 08:08:32 2004


In a message dated 1/12/04 07:42:51, evsono@pipeline.com writes:

> During a December 16, 2003, hearing on the issue, attorney Louise
> Melling argued that a temporary injunction against the law was needed
> because dozens of women would be at risk if they don't have an abortion
> in the next few months.  But the state argued that there was no evidence
> of an actual emergency to warrant the temporary restraining order.
>
> In his ruling, Fulton County Superior Court Judge M.  Gino Brogdon sided
> with the state, saying, "such relief should not be granted unless the
> alleged injury is pressing, delay is dangerous, and there is no adequate
> remedy at law."
>

It's all in the evidence. You can't go after laws like this on a general basis. You have to have a specific case. TROs are only for immediate (i.e. emergency) situations, not general (theoretical) concerns.

So, if you don't have a specific case with specific damages immediately to occur, a TRO should really NOT be granted.

Joe P.





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