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HENDERSON v. STALDER

No. 03-30699.

407 F.3d 351 (2005)

Russell J. HENDERSON; et al., Plaintiffs, Doreen Keeler; Planned Parenthood of Louisiana, Inc., Plaintiffs-Appellees, v. Richard STALDER, etc.; et al., Defendants, Richard Stalder, Secretary, Department of Public Safety and Corrections; John Kennedy, State Treasurer, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 13, 2005.

Attorney(s) appearing for the Case

Simon Lawrence Heller (argued), Center for Reproductive Law & Policy, New York City, William E. Rittenberg, Rittenberg & Samuel, New Orleans, LA, for Plaintiffs-Appellees.

Roy A. Mongrue, Jr., Asst. Atty. Gen. (argued), Baton Rouge, LA, for Defendants-Appellants.

Before JOLLY, JONES and PRADO, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This appeal concerns whether Louisiana's prestige license plate program facially discriminates against pro-choice views in contravention of the First Amendment. The program diverts excess charges over handling and ordinary registration fees for the plates to organizations endorsed by the legislature. Because of this feature of the program, we conclude that we lack jurisdiction over the case because of the Tax Injunction Act, 28 U.S.C...

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