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Raffenspergerv.Jackson

CourtSupreme Court of Georgia
Docket No.S23A0017, S23X0018
DecidedMay 31, 2023
Reporter316 Ga. 383; 888 S.E.2d 483; 2023 Ga. LEXIS 114
JudgesBOGGS, Chief Justice. All the Justices concur, except Pinson, J., disqualified.
Tags
CivilConstitutional LawSubstantive Due ProcessOccupational LicensingLactation Consultant Practice ActRight to Pursue ProfessionEqual Protection
Case Summary

Mary Jackson and ROSE challenged Georgia's Lactation Consultant Practice Act, which allowed only providers holding the private IBCLC credential to obtain a state license to provide paid lactation care. After remand from an earlier dismissal, the case returned to the Supreme Court of Georgia on cross-motions for summary judgment over whether the Act violated the Georgia Constitution. The Court held that the Act was unconstitutional on due-process grounds and reversed the trial court's ruling for the Secretary of State. It concluded that the licensing scheme lacked a real and substantial relation to public health, safety, or welfare because the record showed no evidence of harm from non-IBCLC providers and substantial evidence that non-IBCLC lactation support was safe and beneficial. Because that due-process ruling disposed of the case, the Court vacated the equal-protection ruling without reaching it.

Opinion

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