Robbins Firm Continues Thought Leadership on Georgia Constitution

On Friday, December 20th, the Mercer Law Review published Miles Skedsvold’s article, One is Not Enough: Session, the Social Status Provision, and Consistent and Definitive Constructions. The Georgia Supreme Court has long held that when a provision of the Georgia Constitution has been consistently and definitively construed by the state’s highest court, and is then carried forward into the next iteration of the constitution without material change, it is presumed to carry forward that construction into the new constitution. The article explains that one case is not enough to constitute such a “consistent and definitive construction,” and proposes answers to several key questions: how many cases are needed to establish the presumption? How “consistent” and “definitive” must they be? Must the cases parse the constitutional text and, if so, how convincingly must they do so?

This publication underscores the firm’s commitment to delivering top tier advice and advocacy to clients through thought leadership key issues of state law.