What’s old is new again at the Georgia Capitol this legislative session.

Policy fights that have simmered for years, even decades, are roaring back to the forefront with the campaign for the White House fading and high-stakes races for governor and other state jobs on the horizon.

And this time, there’s more than a passing chance that some of the thorniest issues could finally be resolved — but not without triggering new political clashes that could deepen divisions within both parties.

That could mean the arrival of sports gambling and additional protections for religious liberties that critics see as discriminatory — all familiar debates that have at raged and then sputtered in past years.

“Call it the session of the living dead,” said Neill Herring, a longtime lobbyist and veteran Capitol observer.

Jeff Graham, right, executive director of Georgia Equality, leads supporters carrying boxes of postcards into then-Gov. Nathan Deal’s office on March 2, 2016. Representatives from gay rights groups delivered copies of 75,000 emails to state leaders urging them to defeat religious liberty legislation they believed would legalize discrimination. (Bob Andres/ AJC)
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The most contentious battle of all could revolve around a long-standing push to overhaul litigation rules that has stretched across a generation. After an aborted attempt last year, Gov. Brian Kemp has made limiting lawsuits and curbing hefty jury awards an urgent priority.

Old fights have a way of resurfacing in Georgia politics, but this year feels different. The sheer number of perennial issues — and the political pressure to settle some of them — could not only define the session but also help shape the coming campaigns for top offices.

“Yes, these discussions have come up in the past,” House Speaker Jon Burns said in an interview. “But as I like to say, sometimes every deal is a new deal because the facts can change.”

A generational debate

The revival of so many well-worn debates has lawmakers gearing up for bitter infighting, but few carry as much history — or political baggage — as Kemp’s drive to pass what supporters have long branded as “tort reform.”

Business groups and insurance firms have been lobbying for changes to litigation rules since the 1990s, and a rewrite became one of the first major victories for Republicans in 2005 after they took control of both chambers of the Legislature.

But the courts gradually chipped away at many of the changes, including a unanimous 2010 Georgia Supreme Court ruling that struck down a $350,000 cap on jury awards for pain and suffering in medical malpractice cases.

Reviving even parts of the law won’t be easy. Burns repeatedly warned of the “tough fight” ahead, with strong opposition from trial lawyers and patient advocacy groups who argue that a rewrite would strip Georgians of their legal rights to fight powerful corporations in court.

They will be up against an equally powerful lobbying force — well-financed business groups — who have long argued that changes would usher in lower insurance rates and encourage more economic growth.

Gov. Brian Kemp speaks to state lawmakers and small business leaders during a roundtable discussion on civil litigation policies impacting the state's business climate at Sampson Tours headquarters in Atlanta on Thursday, Aug. 22, 2024. (Natrice Miller/ AJC)

Credit: Natrice Miller/AJC

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Credit: Natrice Miller/AJC

Kemp has laid the groundwork for the fight over much of the last year. He’s readying a well-financed pressure campaign, determined to push the measure through the General Assembly this session rather than risk an attempt in 2026 when election-year maneuvering will reach full swing.

“The governor has been clear that this is his top legislative priority next year and that he’s all in,” said Cody Hall, a key Kemp political adviser. “And there is a broad coalition fully behind him to get meaningful tort reform across the finish line.”

Flashbacks and flash forwards

Then there’s the ongoing tug-of-war over whether to legalize sports betting. The issue has languished for years over disagreements over how to spend the revenue it would generate, tiffs about the scope of the legislation and objections from those who see it as a gateway to addictive, immoral behavior.

This year, the Metro Atlanta Chamber and other supporters come armed with a recent University of Georgia poll that showed nearly two-thirds of voters back the idea — particularly if the proceeds are devoted to higher education and pre-kindergarten programs.

It’s far from clear whether lawmakers can come to a consensus on whether legalizing sports betting requires a constitutional amendment, which would require approval from two-thirds of both chambers and force Republicans to win ample support from Democrats.

There are also questions about whether additional gambling measures or other protections should also be included. Burns, for one, said he will also insist on “guardrails” to prevent minors from sports betting.

State senators take a hand vote on an amendment to a sports betting  bill in the Senate at the Capitol in Atlanta on Thursday, February 1, 2024. (Arvin Temkar/arvin.temkar@ajc.com)

Credit: Arvin Temkar/AJC

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Credit: Arvin Temkar/AJC

Another political flashback involves fierce on-again-off-again battles over “religious liberty” measure, which supporters say is needed to protect people of faith from the threat of government intrusion.

At the urging of civil rights advocates and business boosters, then-Gov. Nathan Deal vetoed a sweeping religious liberty bill in 2016 amid threats of boycotts from opponents who warned it could be used to justify discrimination.

But a comeback attempt has quietly built momentum in recent years, and a version easily passed the Senate in 2024 before foundering in the House. Buoyed by Kemp’s aging campaign promise to support a “mirror image” of a bipartisan federal measure, supporters are optimistic about it

“This is 100 percent the year it could pass,” said Republican state Sen. Ed Setzler, the measure’s author. “This isn’t controversial. These are protections that most people already think they have. There’s no reason to drag it out.”

Some perennial debates, meanwhile, could fall further off the radar. Ahead of last year’s legislative session, Republican leaders publicly flirted with embracing Medicaid expansion and pushed a surprise Senate vote on the matter.

But Kemp has drawn a hard line, vowing to veto any effort to significantly grow Georgia’s Medicaid rolls this year. And with President-elect Donald Trump headed back to the White House, the federal incentives that once sweetened the pot are likely off the table. New government hurdles could emerge to block a broader rollout.

It does feel like deja vu all over again,” said state Rep. Michelle Au, a Johns Creek Democrat and longtime advocate for a full-scale expansion of Medicaid, which provides health insurance for the poor and disabled.

“Am I sick of talking about Medicaid expansion and health care access for Georgians? Yes, I would love to move past it. But we can’t move past it until we solve these problems.”

Georgia state Rep. Michelle Au, D-Johns Creek. (Arvin Temkar / AJC)

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Credit: TNS