John:

Today, the Georgia Supreme Court unanimously struck down the state’s licensing law for lactation care providers, becoming the third state to outright reject the federal courts’ extreme deference to economic regulation—all due to IJ’s strategic litigation.

In 2016, Georgia enacted a licensing requirement for lactation consultants that would have forced hundreds of women—including our client Mary Jackson—out of work. Even though Mary already has a voluntary private certification, the law would mandate her and all lactation care providers to take two years of college courses, complete an additional 300+ hours of clinical work, and pay for another expensive exam—all at the behest of a specially favored credentialing organization. And all this despite volumes of evidence that the new regime would do nothing to improve access to care for most mothers.

When we first launched this case, it was typical for Georgia courts to say there is really no such thing as the right to earn a living. After five years of litigation, IJ has transformed Georgia’s legal landscape such that the state’s supreme court not only recognizes that right, but now demands that restrictions on it be “reasonably necessary.” Importantly, this breaks with federal precedent that allows (or even requires) judges to rely on mere speculation to uphold laws for the purpose of favoring or protecting a group from economic competition.

Click to watch our video from when this case first launched in 2018

As you may recall, we notched a series of early wins in this case—but we always knew it would take years to reach this final victory. In the face of deeply entrenched government and its favored special interests, our dedicated supporters sustain our long-term battles so we can achieve this sweeping change and precedent along with an incredibly meaningful victory for our clients.

Today’s ruling makes Georgia courts more protective of constitutional rights. And, together with similar previous IJ victories in the state supreme courts in Texas and Pennsylvania, paves the way for other states to follow. Thanks to this triumph, people like Mary have an opportunity to work, and the families they serve have access to vital care.

This work would not be possible without our steadfast supporters. Please consider standing with IJ and our clients as we pursue justice for all. ([link removed] )

Scott

Scott G. Bullock

President and Chief Counsel

Institute for Justice

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