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CHANDLER v. SIEGELMAN

Nos. 97-6898, 97-6953.

248 F.3d 1032 (2001)

Michael CHANDLER, individually and as next friend of his son, Jesse Chandler, et al., Plaintiffs-Appellees, v. Don SIEGELMAN, in his official capacity as Governor of the State of Alabama and President of the State Board of Education, Bill Pryor, in his official capacity as Attorney General of the State of Alabama, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Decided April 13, 2001.

Attorney(s) appearing for the Case

Thomas F. Parker, IV, Bill Pryor, Bart Hannon, Montgomery, AL, Jay Alan Sekulow, Deputy Atty. Gen., American Ctr. for Law & Justice, Alexandria, VA, Stuart J. Roth, American Ctr. for Law & Justice, Mobile, AL, Fob James, III, Birmingham, AL, for Defendants-Appellants.

Jere L. Beasley, Beasley, Wilson, Allen & Mendelsohn, Montgomery, AL, P. Leigh O'Dell, Beasley, Wilson, Allen, Main & Crow, P.C., Raleigh, NC, A. Eric Johnston, Monroe, Johnston, Trippe & Brown, Birmingham, AL, Pam Sumners, Chicago, IL, Marc D. Stern, American Jewish Congress, New York City, Eric P. Schroeder, Powell, Goldstein, Frazer & Murphy, LLP, Atlanta, GA, Kimberlee Wood Colby, Christian Legal Society, Annandale, VA, for Plaintiffs-Appellees.

Before ANDERSON, Chief Judge, and TJOFLAT, EDMONDSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.

ORDER:

The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Suggestion of Rehearing En Banc is DENIED.

BARKETT, Circuit Judge, dissenting:

I respectfully dissent from the court's denial of rehearing en banc. I believe the reinstatement...

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