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Where Abortion Litigation in Georgia Stands
Last year the Georgia Supreme Court rejected one challenge to a six-week abortion ban, but additional state constitutional challenges continue to wind through the lower courts.
Kellogg v. National Railroad Passenger Corp.
Ruled that a retroactive law permitting new civil claims by family members did not violate the contracts or due process rights of a tortfeasor that had no affected vested right
Moore v. Stirling
Held that though habeas review is limited to constitutional issues, this includes alleged violations of a statute mandating sentence proportionality review because violations would implicate due process rights
All Star Awards & Ad Specialties, Inc. v. HALO Branded Solutions
Held that a statutory damages cap did not violate the right to a jury trial because the relevant claims would not have been tried by a jury in 1820 when the constitutional right was adopted
Westlawn Cemeteries, LLC v. The Louisiana Cemetery Board
Held that a rule governing cemetery trusts exceeded the promulgating agency's authority, violating the constitution's separation of powers provision
Mellor v. The Parish of Jefferson
Held that a local traffic ordinance tasking school boards with enforcement violated home rule provisions which prohibit local legislative bodies from affecting school boards
Boyd v. State
Held that the state's education funding and property taxation system did not violate the education, proportional contribution, or common benefits clauses of the constitution
Hawkins v. Ivey
Ruled statutes affording governor’s discretion to opt out of federally enhanced unemployment benefits programs did not create exception to state immunity under constitution
Thourtman v. Junior
Held that, despite right to pretrial release, a court may detain a defendant without setting release conditions to first conduct a hearing to determine the defendant's eligibility for release
State v. Poe
Held that right to restitution for crime victims does not confer standing on victims to seek or renew orders of restitution in criminal cases when the state declines to do so
