Supreme Court of Georgia
Women's Surgical Center, LLC v. Berry
October 16, 2017
Summary
The court affirmed the denial of the Department’s motion to dismiss and the grant of summary judgment rejecting the Center’s facial constitutional challenges to the certificate-of-need requirement. The Center had standing because its planned expansion presented an actual and imminent injury, and exhaustion was unnecessary for a direct facial constitutional challenge. The statute neither implicated the Anti-Competitive Contracts Clause nor violated substantive due process because it was rationally related to legitimate healthcare-planning objectives.