John DOE, Individually and as next friend of his minor children, James Doe and Jack Doe, Plaintiff-Appellee,
v.
TANGIPAHOA PARISH SCHOOL BOARD; Jimmie Richardson, Reverend, School Board Member, District A; Robert Potts, School Board Member, District B; Leonard Genco, School Board Member, District C; Al Link, School Board Member, District D; Don Williams, School Board Member, District E; Robert Caves, School Board Member, District F; Maxine Dixon, School Board Member, District G; Sandra Bailey-Simmons, School Board Member, District H; Carl Bardwell, School Board Member, District I; Louis Joseph, Superintendent, Tangipahoa Parish School System, Defendants-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
July 25, 2007.
July 25, 2007.
Attorney(s) appearing for the Case
Ronald Lawrence Wilson (argued), New Orleans, LA, Katharine Murphy Schwartzmann, ACLU of Louisiana, New Orleans, LA, for Plaintiff-Appellee.
Joshua Simon Force (argued), Sher, Garner, Cahill, Richter, Kelin & Hilbert, New Orleans, LA, Emma E. Daschbach, Siller Wilk, New York City for Anti-Defamation League, Amicus Curiae.
Ayesha Khan, Americans United for Separation of Church & State, Washington, DC, Thomas J. Stein, Proskauer Rose, New York City, for Americans United for Separation of Church and State, Amicus Curiae.
Louis C. LaCour, Jr., Albert Kirk Gasperecz, Adams & Reese, New Orleans, LA, James Allen Keith, Adams & Reese, Jackson, MS, Christopher M. Moody, Moody & Moody, Hammond, LA, for Defendants-Appellants.
Kelly J. Shackelford, Hiram Stanley Sasser, Liberty Legal Institute, Plano, TX, James Michael Johnson (argued), Alliance Defense Fund, Shreveport, LA, Kevin Hayden Theriot, Alliance Defense Fund, Olathe, KS, for Tangipahoa Parish School Bd.
Edward Lawrence White, III, Thomas More Law Center, Ann Arbor, MI, for Thomas More Law Center, Amicus Curiae.
Benjamin David DuPre', Law Offices of Benjamin D. DuPre', Montgomery, AL, for Foundation for Moral Law, Amicus Curiae.
Roy A. Mongrue, Jr., Asst. Atty. Gen., Katherine Whitney, Uma Subramanian, Baton Rouge, LA, for State of Louisiana, Amicus Curiae.
Kenneth F. Sills, Hammonds & Sills, Baton Rouge, LA, for Louisiana Schools Bds. Ass'n, Amicus Curiae.
Jay A. Sekulow, American Center for Law & Justice, Virginia Beach, VA, for American Center for Law and Justice, Amicus Curiae.
Joshua William Carden, Joshua Carden Law Firm PC, Weatherford, TX, for Family Research Council and Louisiana Family Forum-Attorneys Resource Council, Amici Curiae.
Steven W. Fitschen, National Legal Foundation, Virginia Beach, VA, for National Legal Foundation, Amicus Curiae.
Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, and OWEN, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
EDITH H. JONES, Chief Judge, joined by E. GRADY JOLLY, JERRY E. SMITH, EMILIO M. GARZA, DeMOSS, EDITH BROWN CLEMENT, PRADO and OWEN, Circuit Judges:
After the court voted to rehear this case en banc, a review of the record prompted further inquiry, which we are bound to make,1 concerning the Does' standing to sue. The Supreme Court has admonished that,
This obligation to notice defects in a court of appeals' subject-matter jurisdiction...
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