Sovereign immunity may not apply in abortion law appeal, Smith tells WABE
The ACLU is challenging a ruling that shaved four weeks from Georgia's standards concerning abortion--from 24 to 20. The organization says it did not receive proper notice of an Oct. 30 decision in time to appeal. Sovereign immunity has protected the state from litigation previously, but may not this time, said Emory Law Visiting Professor Fred Smith Jr. A phrase in Georgia's constitution may prevent the principle from being applied in cases where a law's constitutionality is being questioned, he tells WABE.