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This is a fascinating decision from the Georgia Supreme Court holding that a driver's refusal to take a breathalyzer test cannot be used against her in court—under the state constitution's guarantee against self-incrimination. gasupreme.us/wp-content/upl…
What's perhaps most fascinating about the decision is a lengthy discussion of the "original public meaning" of a state constitutional provision that was first adopted in 1877—but has since been readopted in several new constitutions. An originalist scholar's dream.
The court applies the presumption of constitutional continuity to hold that "a constitutional provision retained from a previous constitution without material change has retained the original public meaning that provision had at the time it first entered a Georgia Constitution."
