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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.