11 Georgia opinions name it 1 courts 1986–2024 2 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lambeth v. Stategreen2 sentences2024See Lambeth v. State, 257 Ga. 15, 16 ( 354 SE2d 144 ) (1987) (stating that “except where First Amendment rights are involved, a party has standing to challenge the constitutionality of a statute only insofar as it has an adverse 22 For that matter, older caselaw articulates an even stronger rule that would seem to exclude facial challenges altogether: The courts will never blot out of existence a great police and moral enactment on the ground that parts of it are attacked as unconstitutional, in a general onslaught upon it all. 2024See Lambeth v. State, 257 Ga. 15, 16 ( 354 SE2d 144 ) (1987) (stating that “except where First Amendment rights are involved, a party has standing to challenge the constitutionality of a statute only insofar as it has an adverse 22 For that matter, older caselaw articulates an even stronger rule that would seem to exclude facial challenges altogether: The courts will never blot out of existence a great police and moral enactment on the ground that parts of it are attacked as unconstitutional, in a general onslaught upon it all. | 3 | 5 |
Agan v. Stategreen2 sentences2024See, e.g., Cobb County v. Floam, 319 Ga. 89, 92 (1) ( 901 SE2d 512 ) (2024) (it is “well settled that a court ‘will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect, and who has, therefore, no interest in defeating it.’”) (quoting Reid v. Mayor, etc. of Eatonton, 80 Ga. 755, 757 ( 6 SE 602 ) (1888) (citation and punctuation omitted)); SCV, 315 Ga. at 54 (2) (c) n.13 (citing cases); Tennille v. State, 279 Ga. 884, 885 (1) ( 622 SE2d 346 ) (2005) (“A party has standing to challenge the constitutionality of a statute if the statute adve 2024See, e.g., Cobb County v. Floam, 319 Ga. 89, 92 (1) ( 901 SE2d 512 ) (2024) (it is “well settled that a court ‘will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect, and who has, therefore, no interest in defeating it.’”) (quoting Reid v. Mayor, etc. of Eatonton, 80 Ga. 755, 757 ( 6 SE 602 ) (1888) (citation and punctuation omitted)); SCV, 315 Ga. at 54 (2) (c) n.13 (citing cases); Tennille v. State, 279 Ga. 884, 885 (1) ( 622 SE2d 346 ) (2005) (“A party has standing to challenge the constitutionality of a statute if the statute adve | 3 | 3 |
County Court of Ulster Cty. v. Allengreen2 sentences2007See, e.g., Bo Fancy Productions v. Rabun County Bd. of Commrs., 267 Ga. 341, 344 ( 478 SE2d 373 ) (1996) (applying United States Supreme Court’s relaxed standard of standing where statute attacked on First Amendment grounds); Lambeth v. State, supra, 257 Ga. at 16 , quoting County Court of Ulster v. Allen, 442 U. S. 140, 154-155 (99 SC 2213, 60 LE2d 777) (1979) (“a party has standing to challenge the constitutionality of a statute only insofar as it has an adverse impact on [the party’s] own rights”); Aldridge, supra, 251 Ga. at 235 (1) (adopting three-part test for associational standing set 2006See, e.g., Lambeth v. State, 257 Ga. 15, 16 , 354 S.E.2d 144 (1987), quoting County Court of Ulster v. Allen, 442 U.S. 140, 154-55 , 99 S.Ct. 2213 , 60 L.Ed.2d 777 (1979) ("a party has standing to challenge the constitutionality of a statute only if the statute has an adverse impact on the party's own rights"); and South Georgia Natural Gas Co. v. Georgia Public Service Comm'n., 214 Ga. 174 , 104 S.E.2d 97 (1958), quoting Mallinckrodt Chemical Works v. State of Missouri ex rel. | 3 | 3 |
Reid v. Mayor of Eatontongreen2 sentences2024See, e.g., Cobb County v. Floam, 319 Ga. 89, 92 (1) ( 901 SE2d 512 ) (2024) (it is “well settled that a court ‘will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect, and who has, therefore, no interest in defeating it.’”) (quoting Reid v. Mayor, etc. of Eatonton, 80 Ga. 755, 757 ( 6 SE 602 ) (1888) (citation and punctuation omitted)); SCV, 315 Ga. at 54 (2) (c) n.13 (citing cases); Tennille v. State, 279 Ga. 884, 885 (1) ( 622 SE2d 346 ) (2005) (“A party has standing to challenge the constitutionality of a statute if the statute adve 2024See, e.g., Cobb County v. Floam, 319 Ga. 89, 92 (1) ( 901 SE2d 512 ) (2024) (it is “well settled that a court ‘will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect, and who has, therefore, no interest in defeating it.’”) (quoting Reid v. Mayor, etc. of Eatonton, 80 Ga. 755, 757 ( 6 SE 602 ) (1888) (citation and punctuation omitted)); SCV, 315 Ga. at 54 (2) (c) n.13 (citing cases); Tennille v. State, 279 Ga. 884, 885 (1) ( 622 SE2d 346 ) (2005) (“A party has standing to challenge the constitutionality of a statute if the statute adve | 2 | 2 |
Plumb v. Christiegreen2 sentences2024See, e.g., Cobb County v. Floam, 319 Ga. 89, 92 (1) ( 901 SE2d 512 ) (2024) (it is “well settled that a court ‘will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect, and who has, therefore, no interest in defeating it.’”) (quoting Reid v. Mayor, etc. of Eatonton, 80 Ga. 755, 757 ( 6 SE 602 ) (1888) (citation and punctuation omitted)); SCV, 315 Ga. at 54 (2) (c) n.13 (citing cases); Tennille v. State, 279 Ga. 884, 885 (1) ( 622 SE2d 346 ) (2005) (“A party has standing to challenge the constitutionality of a statute if the statute adve 2024See, e.g., Cobb County v. Floam, 319 Ga. 89, 92 (1) ( 901 SE2d 512 ) (2024) (it is “well settled that a court ‘will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect, and who has, therefore, no interest in defeating it.’”) (quoting Reid v. Mayor, etc. of Eatonton, 80 Ga. 755, 757 ( 6 SE 602 ) (1888) (citation and punctuation omitted)); SCV, 315 Ga. at 54 (2) (c) n.13 (citing cases); Tennille v. State, 279 Ga. 884, 885 (1) ( 622 SE2d 346 ) (2005) (“A party has standing to challenge the constitutionality of a statute if the statute adve | 2 | 2 |
Tennille v. Stategreen2 sentences2024See, e.g., Cobb County v. Floam, 319 Ga. 89, 92 (1) ( 901 SE2d 512 ) (2024) (it is “well settled that a court ‘will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect, and who has, therefore, no interest in defeating it.’”) (quoting Reid v. Mayor, etc. of Eatonton, 80 Ga. 755, 757 ( 6 SE 602 ) (1888) (citation and punctuation omitted)); SCV, 315 Ga. at 54 (2) (c) n.13 (citing cases); Tennille v. State, 279 Ga. 884, 885 (1) ( 622 SE2d 346 ) (2005) (“A party has standing to challenge the constitutionality of a statute if the statute adve 2024See, e.g., Cobb County v. Floam, 319 Ga. 89, 92 (1) ( 901 SE2d 512 ) (2024) (it is “well settled that a court ‘will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect, and who has, therefore, no interest in defeating it.’”) (quoting Reid v. Mayor, etc. of Eatonton, 80 Ga. 755, 757 ( 6 SE 602 ) (1888) (citation and punctuation omitted)); SCV, 315 Ga. at 54 (2) (c) n.13 (citing cases); Tennille v. State, 279 Ga. 884, 885 (1) ( 622 SE2d 346 ) (2005) (“A party has standing to challenge the constitutionality of a statute if the statute adve | 2 | 2 |
SONS OF CONFEDERATE VETERANS v. HENRY COUNTY BOARD OF COMMISSIONERS (Two Cases)green2 sentences2024See, e.g., Cobb County v. Floam, 319 Ga. 89, 92 (1) ( 901 SE2d 512 ) (2024) (it is “well settled that a court ‘will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect, and who has, therefore, no interest in defeating it.’”) (quoting Reid v. Mayor, etc. of Eatonton, 80 Ga. 755, 757 (1) ( 6 SE 602 ) (1888)); SCV, 315 Ga. at 54 (2) (c) n.13 (citing cases); Tennille v. State, 279 Ga. 884, 885 (1) ( 622 SE2d 346 ) (2005) (“‘A party has standing to challenge the constitutionality of a statute if the statute adversely impacts that party’s rig 2024See, e.g., Cobb County v. Floam, 319 Ga. 89, 92 (1) ( 901 SE2d 512 ) (2024) (it is “well settled that a court ‘will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect, and who has, therefore, no interest in defeating it.’”) (quoting Reid v. Mayor, etc. of Eatonton, 80 Ga. 755, 757 ( 6 SE 602 ) (1888) (citation and punctuation omitted)); SCV, 315 Ga. at 54 (2) (c) n.13 (citing cases); Tennille v. State, 279 Ga. 884, 885 (1) ( 622 SE2d 346 ) (2005) (“A party has standing to challenge the constitutionality of a statute if the statute adve | 2 | 2 |
COBB COUNTY v. FLOAMgreen2 sentences2024See, e.g., Cobb County v. Floam, 319 Ga. 89, 92 (1) ( 901 SE2d 512 ) (2024) (it is “well settled that a court ‘will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect, and who has, therefore, no interest in defeating it.’”) (quoting Reid v. Mayor, etc. of Eatonton, 80 Ga. 755, 757 ( 6 SE 602 ) (1888) (citation and punctuation omitted)); SCV, 315 Ga. at 54 (2) (c) n.13 (citing cases); Tennille v. State, 279 Ga. 884, 885 (1) ( 622 SE2d 346 ) (2005) (“A party has standing to challenge the constitutionality of a statute if the statute adve 2024See, e.g., Cobb County v. Floam, 319 Ga. 89, 92 (1) ( 901 SE2d 512 ) (2024) (it is “well settled that a court ‘will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect, and who has, therefore, no interest in defeating it.’”) (quoting Reid v. Mayor, etc. of Eatonton, 80 Ga. 755, 757 ( 6 SE 602 ) (1888) (citation and punctuation omitted)); SCV, 315 Ga. at 54 (2) (c) n.13 (citing cases); Tennille v. State, 279 Ga. 884, 885 (1) ( 622 SE2d 346 ) (2005) (“A party has standing to challenge the constitutionality of a statute if the statute adve | 2 | 2 |
Hunt v. Washington State Apple Advertising Commissiongreen1 sentence2007See, e.g., Bo Fancy Productions v. Rabun County Bd. of Commrs., 267 Ga. 341, 344 ( 478 SE2d 373 ) (1996) (applying United States Supreme Court’s relaxed standard of standing where statute attacked on First Amendment grounds); Lambeth v. State, supra, 257 Ga. at 16 , quoting County Court of Ulster v. Allen, 442 U. S. 140, 154-155 (99 SC 2213, 60 LE2d 777) (1979) (“a party has standing to challenge the constitutionality of a statute only insofar as it has an adverse impact on [the party’s] own rights”); Aldridge, supra, 251 Ga. at 235 (1) (adopting three-part test for associational standing set | 1 | 1 |
Aldridge v. Georgia Hospitality & Travel Ass'ngreen1 sentence2007See, e.g., Bo Fancy Productions v. Rabun County Bd. of Commrs., 267 Ga. 341, 344 ( 478 SE2d 373 ) (1996) (applying United States Supreme Court’s relaxed standard of standing where statute attacked on First Amendment grounds); Lambeth v. State, supra, 257 Ga. at 16 , quoting County Court of Ulster v. Allen, 442 U. S. 140, 154-155 (99 SC 2213, 60 LE2d 777) (1979) (“a party has standing to challenge the constitutionality of a statute only insofar as it has an adverse impact on [the party’s] own rights”); Aldridge, supra, 251 Ga. at 235 (1) (adopting three-part test for associational standing set | 1 | 1 |
Bo Fancy Productions, Inc. v. Rabun County Board of Commissionersgreen2 sentences2007See, e.g., Bo Fancy Productions v. Rabun County Bd. of Commrs., 267 Ga. 341, 344 ( 478 SE2d 373 ) (1996) (applying United States Supreme Court’s relaxed standard of standing where statute attacked on First Amendment grounds); Lambeth v. State, supra, 257 Ga. at 16 , quoting County Court of Ulster v. Allen, 442 U. S. 140, 154-155 (99 SC 2213, 60 LE2d 777) (1979) (“a party has standing to challenge the constitutionality of a statute only insofar as it has an adverse impact on [the party’s] own rights”); Aldridge, supra, 251 Ga. at 235 (1) (adopting three-part test for associational standing set 2007See, e.g., Bo Fancy Productions v. Rabun County Bd. of Commrs., 267 Ga. 341, 344 ( 478 SE2d 373 ) (1996) (applying United States Supreme Court’s relaxed standard of standing where statute attacked on First Amendment grounds); Lambeth v. State, supra, 257 Ga. at 16 , quoting County Court of Ulster v. Allen, 442 U. S. 140, 154-155 (99 SC 2213, 60 LE2d 777) (1979) (“a party has standing to challenge the constitutionality of a statute only insofar as it has an adverse impact on [the party’s] own rights”); Aldridge, supra, 251 Ga. at 235 (1) (adopting three-part test for associational standing set | 1 | 1 |
State v. Jacksongreen2 sentences2005"A party has standing to challenge the constitutionality of a statute if the statute has an adverse impact on that party's own rights. [Cit.]" State of Ga. v. Jackson, 269 Ga. 308, 310 (1), 496 S.E.2d 912 (1998). 2005"A party has standing to challenge the constitutionality of a statute if the statute has an adverse impact on that party's own rights. [Cit.]" State of Ga. v. Jackson, 269 Ga. 308, 310 (1), 496 S.E.2d 912 (1998). | 1 | 1 |
Board of Trustees of Univ. of Ala. v. Garrettgreen1 sentence2003Ambles v. State, 259 Ga. 406 (1) ( 383 SE2d 555 ) (1989) (a party has standing to challenge the constitutionality of a statute only if the statute adversely impacts that party’s rights). 7 Board of Trustees v. Garrett, 531 U. S. 356, 366-367 (121 SC 955, 148 LE2d 866) (2000); City of Lilburn v. Sanchez, 268 Ga. 520, 522 ( 491 SE2d 353 ) (1997). 8 Sanchez, 268 Ga. at 522 . 9 Dandridge v. Williams, 397 U. S. 481 , 485 (96 SC 1153, 25 LE2d 491) (1970) (citation omitted). 10 Sanchez, 268 Ga. at 522 . 11 OCGA § 19-6-15 (b), (c). 12 Union City Bd. of Zoning Appeals v. Justice Outdoor Displays, 266 G | 1 | 1 |
Union City Board of Zoning Appeals v. Justice Outdoor Displays, Inc.green2 sentences2003Ambles v. State, 259 Ga. 406 (1) ( 383 SE2d 555 ) (1989) (a party has standing to challenge the constitutionality of a statute only if the statute adversely impacts that party’s rights). 7 Board of Trustees v. Garrett, 531 U. S. 356, 366-367 (121 SC 955, 148 LE2d 866) (2000); City of Lilburn v. Sanchez, 268 Ga. 520, 522 ( 491 SE2d 353 ) (1997). 8 Sanchez, 268 Ga. at 522 . 9 Dandridge v. Williams, 397 U. S. 481 , 485 (96 SC 1153, 25 LE2d 491) (1970) (citation omitted). 10 Sanchez, 268 Ga. at 522 . 11 OCGA § 19-6-15 (b), (c). 12 Union City Bd. of Zoning Appeals v. Justice Outdoor Displays, 266 G 2003Ambles v. State, 259 Ga. 406 (1) ( 383 SE2d 555 ) (1989) (a party has standing to challenge the constitutionality of a statute only if the statute adversely impacts that party’s rights). 7 Board of Trustees v. Garrett, 531 U. S. 356, 366-367 (121 SC 955, 148 LE2d 866) (2000); City of Lilburn v. Sanchez, 268 Ga. 520, 522 ( 491 SE2d 353 ) (1997). 8 Sanchez, 268 Ga. at 522 . 9 Dandridge v. Williams, 397 U. S. 481 , 485 (96 SC 1153, 25 LE2d 491) (1970) (citation omitted). 10 Sanchez, 268 Ga. at 522 . 11 OCGA § 19-6-15 (b), (c). 12 Union City Bd. of Zoning Appeals v. Justice Outdoor Displays, 266 G | 1 | 1 |
City of Lilburn v. Sanchezgreen2 sentences2003Ambles v. State, 259 Ga. 406 (1) ( 383 SE2d 555 ) (1989) (a party has standing to challenge the constitutionality of a statute only if the statute adversely impacts that party’s rights). 7 Board of Trustees v. Garrett, 531 U. S. 356, 366-367 (121 SC 955, 148 LE2d 866) (2000); City of Lilburn v. Sanchez, 268 Ga. 520, 522 ( 491 SE2d 353 ) (1997). 8 Sanchez, 268 Ga. at 522 . 9 Dandridge v. Williams, 397 U. S. 481 , 485 (96 SC 1153, 25 LE2d 491) (1970) (citation omitted). 10 Sanchez, 268 Ga. at 522 . 11 OCGA § 19-6-15 (b), (c). 12 Union City Bd. of Zoning Appeals v. Justice Outdoor Displays, 266 G 2003Ambles v. State, 259 Ga. 406 (1) ( 383 SE2d 555 ) (1989) (a party has standing to challenge the constitutionality of a statute only if the statute adversely impacts that party’s rights). 7 Board of Trustees v. Garrett, 531 U. S. 356, 366-367 (121 SC 955, 148 LE2d 866) (2000); City of Lilburn v. Sanchez, 268 Ga. 520, 522 ( 491 SE2d 353 ) (1997). 8 Sanchez, 268 Ga. at 522 . 9 Dandridge v. Williams, 397 U. S. 481 , 485 (96 SC 1153, 25 LE2d 491) (1970) (citation omitted). 10 Sanchez, 268 Ga. at 522 . 11 OCGA § 19-6-15 (b), (c). 12 Union City Bd. of Zoning Appeals v. Justice Outdoor Displays, 266 G | 1 | 1 |
Craven v. Lowndes County Hospital Authoritygreen2 sentences2003Auth., 263 Ga. 657, 659 ( 437 SE2d 308 ) (1993). 2003Auth., 263 Ga. 657, 659 ( 437 SE2d 308 ) (1993). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ambles v. State
green
2 sentences2003Ambles v. State, 259 Ga. 406 (1) ( 383 SE2d 555 ) (1989) (a party has standing to challenge the constitutionality of a statute only if the statute adversely impacts that party’s rights). 7 Board of Trustees v. Garrett, 531 U. S. 356, 366-367 (121 SC 955, 148 LE2d 866) (2000); City of Lilburn v. Sanchez, 268 Ga. 520, 522 ( 491 SE2d 353 ) (1997). 8 Sanchez, 268 Ga. at 522 . 9 Dandridge v. Williams, 397 U. S. 481 , 485 (96 SC 1153, 25 LE2d 491) (1970) (citation omitted). 10 Sanchez, 268 Ga. at 522 . 11 OCGA § 19-6-15 (b), (c). 12 Union City Bd. of Zoning Appeals v. Justice Outdoor Displays, 266 G 2003Ambles v. State, 259 Ga. 406 (1) ( 383 SE2d 555 ) (1989) (a party has standing to challenge the constitutionality of a statute only if the statute adversely impacts that party’s rights). 7 Board of Trustees v. Garrett, 531 U. S. 356, 366-367 (121 SC 955, 148 LE2d 866) (2000); City of Lilburn v. Sanchez, 268 Ga. 520, 522 ( 491 SE2d 353 ) (1997). 8 Sanchez, 268 Ga. at 522 . 9 Dandridge v. Williams, 397 U. S. 481 , 485 (96 SC 1153, 25 LE2d 491) (1970) (citation omitted). 10 Sanchez, 268 Ga. at 522 . 11 OCGA § 19-6-15 (b), (c). 12 Union City Bd. of Zoning Appeals v. Justice Outdoor Displays, 266 G | 3 | 1998–2003 |
Barrows v. Jackson
green
1 sentence2007Itis well established under federal law that although constitutional rights must generally be asserted by the person to whom they belong, Barrows v. Jackson, 346 U. S. 249 (73 SC 1031, 97 LE 1586) (1953), a litigant may assert the rights of a third party in exceptional circumstances. | 1 | 2007–2007 |
Mallinckrodt Chemical Works v. Missouri Ex Rel. Jones
green
2 sentences2006Jones, 238 U.S. 41, 54 , 35 S.Ct. 671 , 59 L.Ed. 1192 (1915) (to properly challenge the constitutionality of an ordinance or state law, a plaintiff must show he is "within the class with respect to whom the act is unconstitutional, and that the alleged unconstitutional feature injures him . . ." or otherwise deprives him of a protected right). [2] Neither of the cases cited by the Court of Appeals in support of this proposition suggest a statement of future injury is sufficient. 2006Jones, 238 U.S. 41, 54 , 35 S.Ct. 671 , 59 L.Ed. 1192 (1915) (to properly challenge the constitutionality of an ordinance or state law, a plaintiff must show he is "within the class with respect to whom the act is unconstitutional, and that the alleged unconstitutional feature injures him . . ." or otherwise deprives him of a protected right). [2] Neither of the cases cited by the Court of Appeals in support of this proposition suggest a statement of future injury is sufficient. | 1 | 2006–2006 |
So. Ga. Nat. Gas Co. v. Ga. Pub. Serv. Com.
green
2 sentences2006See, e.g., Lambeth v. State, 257 Ga. 15, 16 , 354 S.E.2d 144 (1987), quoting County Court of Ulster v. Allen, 442 U.S. 140, 154-55 , 99 S.Ct. 2213 , 60 L.Ed.2d 777 (1979) ("a party has standing to challenge the constitutionality of a statute only if the statute has an adverse impact on the party's own rights"); and South Georgia Natural Gas Co. v. Georgia Public Service Comm'n., 214 Ga. 174 , 104 S.E.2d 97 (1958), quoting Mallinckrodt Chemical Works v. State of Missouri ex rel. 2006See, e.g., Lambeth v. State, 257 Ga. 15, 16 , 354 S.E.2d 144 (1987), quoting County Court of Ulster v. Allen, 442 U.S. 140, 154-55 , 99 S.Ct. 2213 , 60 L.Ed.2d 777 (1979) ("a party has standing to challenge the constitutionality of a statute only if the statute has an adverse impact on the party's own rights"); and South Georgia Natural Gas Co. v. Georgia Public Service Comm'n., 214 Ga. 174 , 104 S.E.2d 97 (1958), quoting Mallinckrodt Chemical Works v. State of Missouri ex rel. | 1 | 2006–2006 |
Broadrick v. Oklahoma
green
1 sentence1986This is not a First Amendment case where the standing requirements have been relaxed in order to allow “breathing room.” Broadrick, supra at 611-12 . | 1 | 1986–1986 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.