Governor John Ellis "Jeb" BUSH; Attorney General Charlie Crist; Chief Financial Officer Tom Gallagher; Commissioner of Agriculture Charles H. Bronson, in their official capacities; the Florida Department of Education; and the State Board of Education, Brenda McShane, Dermita Merkman, Tracy Richardson, Sharon Mallety, Barbara Landrum, on behalf of themselves and minor children; and Urban League of Greater Miami, Inc., Appellants,
v.
Ruth D. HOLMES, Gregory and Susan Watson, Rebecca Hale, John Rigsby, Queen E. Nelson, Samuel Watts, Linda Lerner, Betsy H. Kaplan, on behalf of themselves and minor children; Florida State Conference of Branches of NAACP; Citizens' Coalition for Public Schools; The Florida Congress of Parents and Teachers (a/k/a "Florida PTA"); League of Women Voters of Florida, Inc.; Florida Education Association/United, AFT AFL-CIO, a labor organization and Florida taxpayer; Pat Tornillo, Jr., Andy Ford, Rita Moody, Mary Lopez, and Robert F. Lee, as Florida taxpayers, Appellees.
District Court of Appeal of Florida, First District.https://leagle.com/images/logo.png
November 12, 2004.
November 12, 2004.
Attorney(s) appearing for the Case
Barry Richard, Greenberg Traurig, P.A., Tallahassee; Charlie Crist, Attorney General, Christopher M. Kise, Solicitor General, Office of the Attorney General, Tallahassee; Raquel A. Rodriguez, General Counsel, Office of the Governor, Tallahassee; and Daniel Woodring, General Counsel, Florida Department of Education, Tallahassee, for Appellants Governor Jeb Bush, et al.
Kenneth W. Sukhia, Fowler, White, Boggs, Banker, P.A., Tallahassee; Clint Polick, Clark M. Neily, Robert M. Freedman, Institute for Justice, Washington, DC, for Appellants Brenda McShane, et al.
Ronald G. Meyer, Meyer and Brooks, P.A., Tallahassee; Robert H. Chanin, John M. West, and Alice O'Brien, of Bredhoff & Kaiser, P.L.L.C., Washington, DC; Pamela L. Cooper of Florida Education Association, Tallahassee; Randall Marshall of American Civil Liberties Union Foundation of Florida, Inc., Miami; Joan Peppard of Anti-Defamation League, Miami; Steven Freeman and Steven Sheinberg of Anti-Defamation League, New York, NY; Steven K. Green and Ayesha N. Khan of Americans United for Separation of Church and State, Washington, DC; Jeffrey P. Sinensky and Kara H. Stein of American Jewish Committee, New York, NY; Elliot M. Mincberg and Judith E. Schaeffer, of People for the American Way Foundation, Washington, DC; Steven R. Shapiro of American Civil Liberties Union Foundation, New York, NY; David Strom of American Federation of Teachers, Washington, DC; Michael A. Sussman of National Association for the Advancement of Colored People, Goshen, NY; Marc D. Stern of American Jewish Congress, New York, NY; Julie Underwood of National School Boards Association, Alexandria, VA, for Appellees.
Frank A. Shepherd, Independent Voices for Better Education, Teachers for Better Education, Ira J. Paul, Robert N. Wright, and Pacific Legal Foundation, Coral Gables, Amici Curiae.
District Court of Appeal of Florida, First District.
ON MOTION FOR REHEARING EN BANC
VAN NORTWICK, J.
Having considered en banc the arguments raised in this appeal, we withdraw our previous majority opinion and issue the following en banc opinion.
Governor John Ellis ("Jeb") Bush, Attorney General Charlie Crist, Chief Financial Officer Tom Gallagher and Commissioner of Agriculture Charles H. Bronson, as and constituting the Florida Cabinet; the Florida Department of Education; and the Florida...
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