· 9/21/1988
Georgia Association of Retarded Citizens v. Dr. Charles McDaniel in His Official Capacity as State Superintendent of Schools
Citations
- 855 F.2d 805
- 1988 U.S. App. LEXIS 12871
- 1988 WL 90843
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that Section 2403(a) requires the district court to notify the United States Attorney General that this case raised a question of the constitutionality of an Act of Congress
- ‘rights fixed by judgment are, in essence, a form of property over which legislatures have no greater power than any other [property]’
- 'rights fixed by judgment are, in essence, a form of property over which legislatures have no greater power than any other [property]'
- “When it so intends, [Congress’] ability to affect the content of a nonfinal judgment in a civil case, through retroactive legislation ceases only when a case’s journey through the courts comes to an end.”
- The princi- ple of separation of powers “protects judicial action from superior legislative review, a regime that would be obvi- ously inconsistent with due process of law and subversive of the judicial branch of government.”
- Though Congress intended a statute to control cases \pending\ before enactment of the statute, the court found no clear intent that the statute would apply to pending cases that a court had also finally dismissed.
Source: CourtListener parenthetical corpus (CC0).
Judges: Fay, Clark, Guin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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