Raffensperger v. Jackson
Georgia Supreme Court
888 S.E.2d 483 (2023)
- Written by Angela Patrick, JD
Facts
In 2016, Georgia enacted a law requiring that all lactation consultants be licensed through the secretary of state. Mary Jackson (plaintiff) worked as a lactation consultant and did not have the required license. Jackson sued Secretary of State Brad Raffensperger (defendant), alleging that the law violated her due-process rights under the Georgia Constitution because it deprived her of her right to pursue her chosen profession. Raffensperger argued that the licensing regulations promoted access to quality lactation care for mothers and babies. However, Raffensperger did not produce any evidence of either official complaints about care from an unlicensed lactation consultant or harm caused by that care. Further, a report from the Georgia Occupational Review Council stated that lactation-support services provided many public benefits, there was no evidence of unregulated services causing harm, and restricting support services to only licensed consultants would likely cause harm because so many lactation consultants in the state were not currently licensed. The trial court granted summary judgment to Raffensperger on the due-process claim. Jackson appealed to the Georgia Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Boggs, C.J.)
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