Page:Georgia v. Public.Resource.Org SCOTUS slip opinion.pdf/13

10 and published in the official code alongside that text at the legislature’s direction. OCGA §1–1–1; see 906 F. 3d, at 1245, 1255; Tr. of Oral Arg. 8.

If there were any doubt about the link between the Commission and the legislature, the Georgia Supreme Court has dispelled it by holding that, under the Georgia Constitution, “the work of the Commission; i.e., selecting a publisher and contracting for and supervising the codification of the laws enacted by the General Assembly, including court interpretations thereof, is within the sphere of legislative authority.” Harrison Co., 244 Ga., at 330, 260 S. E. 2d, at 34 (emphasis added). That holding is not limited to the Commission’s role in codifying the statutory text. The Commission’s “legislative authority” specifically includes its “codification of … court interpretations” of the State’s laws. Ibid. Thus, as a matter of state law, the Commission wields the legislature’s authority when it works with Lexis to produce the annotations. All of this shows that the Commission serves as an extension of the Georgia Legislature in preparing and publishing the annotations. And it helps explain why the Commission brought this suit asserting copyright in the annotations “on behalf of and for the benefit of” the Georgia Legislature and the State of Georgia. App. 20.

The second step is to determine whether the Commission creates the annotations in the “discharge” of its legislative “duties.” Banks, 128 U. S., at 253. It does. Although the annotations are not enacted into law through bicameralism and presentment, the Commission’s preparation of the