How did a probate judge get the power to overturn Roe v. Wade?

Clete Wetli, Contributor

With all of the hypocritical right-wing pearl clutching over ‘activist judges’ making law from the bench, it’s shocking that newly elected Madison County, AL Probate Judge Frank Barger felt like it was in his limited judicial purview to grant an aborted fetus the right to have an estate and an attorney in an obvious underhanded ploy to overturn Roe v. Wade. What’s equally stunning is that Barger doesn’t even have a law degree because it’s not currently a requirement to hold the position. But, he has somehow decided that he can upend centuries of precedent and grant legal rights to an aborted fetus in a clearly misguided attempt to prosecute a woman who simply did not violate the law when she decided to have a legal abortion.

What makes this rogue Probate Judge’s actions so despicable is that he’s using a recently passed Alabama ‘personhood’ statute to justify his blatant, religiously-motivated overreach.  The obviously unconstitutional Alabama law that was passed during the last midterm elections states that a fetus and mother have equal rights under the law and it was a highly partisan political attempt to make abortion illegal in the state in direct defiance of Roe v. Wade. In this particular case, the suit was filed two years after the abortion occurred which suggests that, again, this is a scheme designed to circumvent established constitutional law and precedent.

Sadly, this could lead to an enormous amount of very negative legal consequences if this absurdity is upheld. In short, it implies that all abortions are murder and because murder has no statute of limitations, it would open up legal liability to any woman alive who ever had an abortion. That’s just wrong in every way imaginable. But, that’s been the plan of extremist conservatives all along.

That’s what’s terrifying about Trump stacking the Supreme Court with ultra-conservative white bread frat boys who view their position on the high court as a chance to infuse their religious and extreme conservative beliefs into lasting legal precedent. This is dangerous and this must be stopped. Women should never be criminalized for exercising their right to choose or for making decisions about their own bodies.

The biggest outrage in this pathetic ploy is how conservatives have branded themselves for decades as the ‘law and order’ party, yet they continue to show no regard for the Constitution when it serves their political advantage. Whether it’s equal rights or equal pay for women, extremist Republicans have continued to try to pass laws that ensure women will be treated as second-class citizens. This latest bizarre and unethical plan is just another example of what conservatives and their religious zealot base thinks of women.

It’s time to demand that Probate Judge Frank Barger be impeached for his ignorant judicial malpractice. It’s also time to demand that Probate Judges in Madison County actually have a law degree as a pre-requisite to holding office. Next, people should demand that Alabama rescind its unconstitutional abortion laws because they are in direct conflict with existing federal law. After this horrific fiasco, Republicans have no right whatsoever to utter complaints about ‘activist’ judges.

In this unfortunate case, the woman who had the legal abortion deserves our sincere support She does not deserve public censure, not vengeful prosecution, and certainly not mountains of legal bills so that rabid Republicans can throw more red meat to their far-right religious base as they try to out-conservative each other. This is simply a travesty.

Let’s stand up for women and fight this judicial overreach. Probate judges shouldn’t be making any type of decisions in a legal matter such as this. Shame on you, Probate Judge, with no law degree, Barger. We can only hope you’re looking for another job in the next trimester.