Ga. Supreme Court Hears Oral Arguments in Undocumented Students Case

By Dillon Richards

The Georgia Supreme Court has six months to decide whether or not a group of undocumented students has the right to sue the Board of Regents, according to Supreme Court spokesperson Jane Hansen. That policy bans them from the state’s top schools.

The oral arguments took place during a special Supreme Court session at the Gilmer County Courthouse in Ellijay, Ga. last Friday.

The lawyer for the students, Charles Kuck, took issue with the Board’s argument that it can’t be sued over polices having to do with the administration of the University System. The Board argued that it’s not fair for Board policies to be exempt from lawsuits, because then people affected by those policies wouldn’t be able to get “relief” from an unconstitutional policy.

The Board’s lawyer, Russell Willard, argued that it is fair for the Board to be exempt from lawsuits so they can manage the University System without constant fear of being sued. He also argued that the students have other routes to try and change the policy, like petitioning the state legislature or meeting with Board members.

The justices focused their questioning on why Kuck decided to sue the Board as whole, not individually. They also wondered whether a decision in favor of the Board would mean that the Board could potentially be protected from lawsuits if they violated a specific Georgia law.

You can find the full video of the oral arguments here. Also, be sure to check out parts one and two of our special report on this issue.