Georgians continue to be upset over the attacks on Confederate and other memorials and monuments since the riots of last summer. That’s why the Georgia Division of the Sons of Confederate Veterans and others are contacting state lawmakers to sign an amicus curiae brief relating to this hot-button issue. Click Here for the Writ of Certiorari to the Ga. Supreme Court.
The amicus brief argues that “activist judges” are ruling that the Georgia General Assembly does not have the authority to grant statutory authority to its citizens” (i.e. plaintiffs in cases arguing against the arbitrary removal of statues and memorials in various jurisdictions). “The authority of the General Assembly is being called into question for the first time since 1789,” says SCV attorney Martin K. O’Toole. “All that is being asked is that the Georgia Supreme Court take up the SCV cases to define what the powers of the Georgia General Assembly are to permit citizens to come into the courthouse.”
“It is interesting,” O’Toole goes on to say, “that the Court of Appeals does not have the authority to rule a law unconstitutional. That is reserved to the Supreme Court of Georgia alone. So, these activist judges have acted unconstitutionally themselves.” O’Toole is referring to a controversial decision handed down by a state appeals court panel. Click Here for the Georgia Court of Appeals Ruling.
In response, the amicus brief in part says: “As members of the Georgia General Assembly, we find that the recent decisions of the Court of Appeals in the cases of A21A0734, Sons of Confederate Veterans, et al., v. Newton County Board of Commissioners; A21A0735 Humphries v. Newton County Board of Commissioners and A21A0988 Sons of Confederate Veterans et al. v. Henry County Board of Commissioners require further explanation and definition by the Georgia Supreme Court.”
“If the logic of the panel’s opinion were to stand,” O’Toole emphasizes, “many laws in Georgia will be called into question. The apparent desire of the three-judge panel to get rid of Confederate and traditional American monuments is an example of the law of unintended consequences.”
The SCV lawyer notes “the Georgia Supreme Court does not grant appeals as a matter of right; we have to interest them and get their permission. Towards that end, we are asking members of the General Assembly to join in signing on to the amicus curiae (“friend of the court”) brief in support of the Supreme Court taking up the cases. The brief does not advocate either for or against the plaintiff’s or the SCV’s position but merely requests that the Supreme Court give definition for the benefit of the General Assembly as to its power to legislatively grant ‘standing’ or the right of a plaintiff to bring a lawsuit.”
This issue involving the state law protecting monuments and memorials will be interesting to follow. Several lawyers contacted by InsiderAdvantage say the amicus brief is well-written and argued. They say guidance is needed to address the questions raised around the “standing” issue. As O’Toole stresses, “language in the opinion calls into question the power of the Georgia General Assembly to grant statutory standing (as is permitted in other states). If the General Assembly lacks the power to legislatively define standing, how will this affect other Georgia laws?”
He cites a prime example: “Consider open meetings legislation. Can a citizen be foreclosed from bringing such an action because he or she lacks standing?”
Finally, O’Toole argues, “it also appears that besides ruling that the General Assembly cannot grant standing to corporations, associations or individuals, the Court of Appeals panel issued a ruling that the legislation in question is unconstitutional. It has always been our understanding that only the Supreme Court of Georgia is vested with the power to rule on the constitutionality of legislation. So, by stating that the General Assembly has acted unconstitutionally, the Court of Appeals appears to have acted unconstitutionally by going beyond its defined powers. Guidance by the Georgia Supreme Court in this area would be welcome as well.”
Click Here for the Writ of Certiorari to the Ga. Supreme Court
