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JEFFERSON COUNTY v. ACKER

No. 94-6400.

92 F.3d 1561 (1996)

JEFFERSON COUNTY, a political subdivision of the State of Alabama, Plaintiff-Appellant, v. William M. ACKER, Jr., Defendant-Appellee. JEFFERSON COUNTY, a political subdivision of the State of Alabama, Plaintiff-Appellant, v. U.W. CLEMON, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 30, 1996.

Attorney(s) appearing for the Case

Edwin A. Strickland, Jeffrey M. Sewell, Charles S. Wagner, Birmingham, AL, for Appellant.

Irwin W. Stolz, Jr., Seaton D. Purdom, Gambrell & Stolz, Atlanta, GA, for Acker & Clemon.

Kevin M. Forde, Richard J. Prendergast, Chicago, IL, for Federal Judges Association (Amicus).

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges, and HENDERSON, Senior Circuit Judge.

COX, Circuit Judge:

We decide in this case whether Jefferson County, Alabama, may impose on federal judges holding office under Article III of the Constitution1 a tax for the privilege of engaging in their occupation within the county. We hold that such a tax violates the Supremacy Clause of the Constitution.2

I. FACTS AND PROCEDURAL HISTORY

Jefferson County, Alabama, sued William M. Acker...

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