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For what it's worth, the Court of Appeals has reaffirmed this as recently as last year, and can now cite @judgedillard.bsky.social's formulation in the above case, which is concisely reproduced below.

“As to the element of force, we have been clear that ‘when the State has proven beyond a reasonable doubt that the victim is physically or mentally unable to give consent to the act, as when she is intoxicated, drugged, or mentally incompetent, the requirement of force is found in constructive force, that is, in the use of such force as is necessary to effect the penetration made by the defendant. Thus, sexual intercourse with a woman whose will is temporarily lost from intoxication or unconsciousness arising from the use of drugs or other cause or sleep is rape. And although a majority of states do not criminalize conduct when a victim has become voluntarily intoxicated by drugs or alcohol, Georgia is not such a state. Indeed, under our well-established case law, when a victim is intoxicated, drugged, or mentally incompetent and her will is temporarily lost from intoxication or unconsciousness arising from the use of drugs or other cause, she is physically or mentally unable to give consent to the act of sexual intercourse.’ (Citations and punctuation omitted; emphasis within the original.) Johnson v. State, 351 Ga. App. 690, 693-694 (832 SE2d 676) (2019).”

From Grier v. State, 377 Ga. App. 419 (2025).

Senator Chris Van Hollen @vanhollen.senate.gov · 30/09/2026

Georgia law doesn't require intoxication to be involuntary in order to impair consent. But Georgia is a rare state where this standard is based entirely on caselaw, and it's pretty much entirely from our second-highest court. (Obvious CW here but there's no description of *specific* case facts.)

Image from Johnson v. State, 351 Ga. App. 690 (2019), stating that “the Supreme Court of Georgia has held that when the State has proven beyond a reasonable doubt that the victim is ‘physically or mentally unable to give consent to the act, as when she is intoxicated, drugged, or mentally incompetent, the requirement of force is found in constructive force, that is, in the use of such force as is necessary to effect the penetration made by the defendant.’” A footnote cites Drake v. State, 239 Ga. 232 (1977), superseded by statute on other grounds; accord Ray v. State, 345 Ga. App. 522 (2018), overruled on other grounds; Cook v. State, 338 Ga. App. 489 (2016); Mayes v. State, 336 Ga. App. 55 (2016); Demetrios v. State, 246 Ga. App. 506 (200), overruled on other grounds; Durr v. State, 229 Ga. App. 103 (1997), certiorari denied; Gore v. State, 119 Ga. 418 (1904), approvingly referencing a hypothetical; Cooper v. State, 180 Ga. App. 37 (1986), overruled on other grounds.

An additional footnote comments that the previously quoted language of Drake v. State comes from a treatise, but the Court of Appeals has “consistently relied upon this language [as shown by the preceding list of citations], and it has never been disapproved of or otherwise overruled by our Supreme Court.”

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Tonight, 47 Senators supported my resolution to get accountability for the 9 Americans killed on the West Bank & for Palestinians who face injustices daily. That's more support than we've ever had in this fight. Republicans blocked us, but we won't stop until we get justice.

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What's the term for checking whether a case has been overruled, approvingly cited, etc.? It's a proper noun beginning with S

Katelyn Burns @katelynburns.com · 30/09/2026

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No one on his staff even once thought to check if there were any women's games being played that night. These are the people calling themselves defenders of women's sports.

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Nicole Bedera @nbedera.bsky.social · 30/09/2026

I hope this is already obvious, but: A way anyone reading this could contribute to the fight to end campus sexual violence is to write their state representatives and ask them to pass a similar law to Enough is Enough.

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Nicole Bedera @nbedera.bsky.social · 30/09/2026

Important to note that this data is only available to us because New York passed a law that requires all colleges and universities to share it. Maryland has a similar law. But that’s it. Schools in every other state can and do keep these records to themselves.

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Anthony Michael Kreis @anthonymkreis.bsky.social · 30/09/2026

burning the office down on his way out

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In terrible news, the Secretary of State has decided to ruin the best part about voting in Georgia and destroy the tradition of the peach stickers. Thanks for nothin, Brad. 0/10

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Don Moynihan @donmoyn.bsky.social · 29/09/2026

I feel like it’s probably pulling from the metadata?

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This is important, not because many regular people read SCOTUSblog, but because media outlets still treat it as a good resource

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ProPublica @propublica.org · 29/09/2026

All this changes when the power structure (patriarchy) ends. Men who claim not to understand consent will suddenly understand it perfectly because they know they can't get away with things anymore. That's how change happens.

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NEW: A new White House rule would prohibit anyone from using federal grant money for voter registration drives, including ones that help disabled Americans vote. It’s part of the Trump administration’s broader effort to restrict voting access.

propublica.org

This White House Plan Threatens Funding That Helps Disabled Americans Vote

A new rule from the Office of Management and Budget would prohibit anyone from using federal grant money for voter registration drives. It’s part of the Trump administration’s broader efforts to restr...

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Anthony Michael Kreis @anthonymkreis.bsky.social · 29/09/2026

This is a human rights abuse worthy of prosecution under intentional law. Minimally, they should be impeached and removed for this alone.

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The reason apologists come out in force when rape is in the news, or even when individual survivors share stories, is simple: they recognize the threat posed to patriarchy. They know they can't maintain their position under sustained scrutiny.

Sexual violence in all its forms functions as a means of controlling more than half of the world's population. I believe we can live in a world free from patriarchal control. Where women can jog alone and go to parties without fear. It won't be easy or quick. But it is possible.

I'm actually something of a pessimist about sexual violence, in that I believe it is remarkably commonplace for something so horrible and that individual survivors have little chance of traditional justice. But I also believe that collectively, we can change this. The Me Too era was only a glimpse.