Legal Opinion · Dissent

Gwinnett County School District v. Cox

Supreme Court of Georgia

Decided May 16, 2011No. S10A1773Published

1DissentNahmias, Justice

In its quest to strike down the Charter Schools Commission Act of 2008, see OCGA § 20-2-2081 et seq. (the “2008 Act”), the majority disregards the ordinary meaning, context, and history of the provision of our State’s Constitution that authorizes the General Assembly to “provide by law for the creation of special schools in such areas as may require them.” Ga. Const, of 1983, Art. VIII, Sec. V Par- VII (a). The majority’s illogical reasoning and overbroad conclusion render the “special schools” provision a dead letter, effectively abrogating not just commission charter schools but also the…

2Cases cited22 opinions

  1. State v. JacksonSupreme Court of Georgia · 2010
  2. Williamson v. Housing AuthoritySupreme Court of Georgia · 1938
  3. McDaniel v. ThomasSupreme Court of Georgia · 1981
  4. Goddard v. City of AlbanySupreme Court of Georgia · 2009
  5. City of Thomaston v. BridgesSupreme Court of Georgia · 1994

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