Tuesday, June 7, 2011
Constitutionality of Georgia’s anti-nepotism law regarding eligibility to serve on local school boards is not subject to strict scrutiny by courts
Grizzle v. Kemp, ____F.3d____(11th Cir. Mar. 8, 2010), is an interesting case. The Eleventh Circuit held that a federal district court erred in issuing a preliminary injunction barring Georgia’s Secretary of State from enforcing a provision in the state law making a person ineligible to serve on a local school board if that person “has an immediate family member sitting on [that] local board of education or serving as the local school superintendent or as a principal, assistant principal, or system administrative staff in the local school system.” The panel found that the district court erred when it applied strict scrutiny in analyzing the statute’s constitutionality under the Fourteenth Amendment’s Equal Protection Clause and the First Amendment provision guaranteeing freedom of association.
Mitchell H. Rubinstein