Raffenspergerv.Jackson
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.
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