Ex parte Governor Fob JAMES et al.
(In re Alabama Coalition for Equity, Inc., an Alabama nonprofit corporation, et al. v. Fob James, Jr., in his official capacity as Governor of the State of Alabama and as a president of the State Board of Education, et al.)
Ex parte Governor Fob James et al.
(In re Mary Harper, suing as next friend of Deion Harper; and Kerry Phillips, a minor, et al. v. Fob James, Jr., in his official capacity as Governor of the State of Alabama and as president of the State Board of Education, et al.)
Fob James, Jr., in his official capacity as Governor of the State of Alabama and as president of the State Board of Education, et al.
v.
Alabama Coalition for Equity, Inc., et al.
Fob James, Jr., in his official capacity as Governor of the State of Alabama and as president of the State Board of Education, et al.
v.
Mary Harper et al.
Joyce Pinto et al.
v.
Alabama Coalition for Equity et al.
Joyce Pinto et al.
v.
Alabama Coalition for Equity et al.
Supreme Court of Alabama.https://leagle.com/images/logo.png
May 31, 2002.
May 31, 2002.
Attorney(s) appearing for the Case
Bill Pryor, atty. gen., and Margaret L. Fleming and Scott L. Rouse, asst. attys. gen.; Michael R. White, Alabama Department of Education; and Edward A. Hosp, governor's legal advisor, for the State defendants.
Samuel Adams, Montgomery; and Kendrick E. Webb and Bart Harmon of Webb & Eley, P.C., Montgomery, for the Pinto parties.
Roger L. Bates, I. Ripon Britton, Jr., and E. Shane Black of Hand Arendall, L.L.C., Birmingham, for Alabama Coalition for Equity, Inc.
Robert D. Segall of Copeland, Franco, Screws & Gill, P.A., Montgomery; Mark Sabel of Sabel & Sabel, Montgomery; and Martha Morgan, Tuscaloosa, for Mary Harper, suing as next friend of Deion Harper, and Kerry Phillips.
Paul J. Dezenberg, Tuscaloosa, for Alabama Disabilities Advocacy Program.
Richard P. Rouco of Whatley Drake, L.L.C., Birmingham, for amici curiae Child Advocacy Organizations, Civil Rights Organizations, Professional Education Associations, and University Professors throughout the State, in support of the Alabama Coalition for Equity.
William F. Gardner of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for amici curiae Jacksonville State University, University of Montevallo, University of North Alabama, University of South Alabama, Troy State University System, and University of West Alabama.
Henry E. Simpson and David W. Spurlock of Lange, Simpson, Robinson & Somerville, L.L.P., Birmingham; and C. Glenn Powell and Hattie E. Kaufman, Office of General Counsel, The University of Alabama System, for amicus curiae Board of Trustees of The University of Alabama.
Lee F. Armstrong, Office of General Counsel, Auburn University; and James E. Williams of Melton, Espy, Williams & Hayes, for amicus curiae Auburn University.
Roderic G. Steakley and William R. Lunsford of Sirote & Permutt, Huntsville, for amicus curiae Alabama A&M University.
Supreme Court of Alabama.
PER CURIAM.
This Court "shall never exercise the legislative and executive powers, or either of them; to the end that it may be a government of laws and not of men." Ala. Const. 1901, § 43 (emphasis added). In Alabama, separation of powers is not merely an implicit "doctrine" but rather an express command; a command stated with a forcefulness rivaled by few, if any, similar provisions in constitutions of other...
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