The Affordable Care Act Challenge and the Senate Runoff Elections in Georgia

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on the third challenge to the Affordable Care Act (ACA) that has made it before the U.S. Supreme Court, and considers how the case will play in the upcoming Georgia runoff elections. Dorf argues that absent a dramatic and highly unusual development—like a Supreme Court decision rejecting the ACA challenge in the next few weeks—that should help the Democratic candidates in Georgia’s runoff elections.

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Lowery v. Georgia

Docket: S20A0597

Opinion Date: November 9, 2020

Judge: Boggs

Areas of Law: Constitutional Law, Criminal Law

Appellant Jim Lowery challenged his 2017 conviction for felony murder and other crimes in connection with the death of Montgomery County, Georgia Sheriff Ladson O’Connor, who was killed in a vehicular accident while pursuing Appellant. Appellant argued: (1) the evidence was insufficient to support his felony murder conviction; (2) the trial court failed to apply the correct standard in denying his motion for new trial on the general grounds; (3) his pretrial statements to investigators were inadmissible because they were not knowingly and voluntarily made; and (4) the trial court erred in excluding evidence of Sheriff O’Connor’s character. Finding no reversible error, the Georgia Supreme Court affirmed Appellant's conviction.