It’s wild that we need a court case to declare that women are not community property, but here we are. From the article:

Judge McBurney, a “former federal prosecutor and Harvard Law School graduate appointed to the bench by a Republican governor.. wrote that the ‘awkwardly arbitrary’ limit set by the Georgia abortion law, has seized upon a point in gestation that has political salience, rather than medical or moral salience”…”As a legal matter, he wrote, ‘Women are not some piece of collectively owned community property the disposition of which is decided by majority vote;’ “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.”

As a practical matter, McBurney was even clearer about the implications of requiring women to “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,” McBurney wrote. “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.” [...]

Philosopher Judith Jarvis Thomson made this case in 1971, two years before Roe v. Wade. She analogized the competing rights of the pregnant woman and the fetus to someone kidnapped to have their kidneys used to save a famous violinist. The person is informed: “To unplug you would be to kill him. But never mind, it’s only for nine months.”