MAGEE v. BOYD

Nos. 1130987, 1131020 and 1131021.

175 So.3d 79 (2015)

Julie P. MAGEE and Thomas L. White, Jr., in their official capacities as Commissioner of Revenue and Comptroller of the State of Alabama, respectively v. Daniel BOYD et al. Rachell Prince et al. v. Daniel Boyd et al. Tequila Rogers et al. v. Daniel Boyd et al.

Supreme Court of Alabama.

March 2, 2015.


Attorney(s) appearing for the Case

Luther Strange , atty. gen., Andrew L. Brasher , deputy atty. gen., and James W. Davis and William G. Parker, Jr. , asst. attys. gen., for appellants Julie P. Magee and Thomas L. White, Jr., in their official capacities as Commissioner of Revenue and Comptroller of the State of Alabama, respectively.

Charles B. Paterson of Balch & Bingham, L.L.P., Birmingham; W. Joseph McCorkle, Jr. , of Balch & Bingham, L.L.P., Montgomery; Robert W. Gall and Richard D. Komer , Institute for Justice, Arlington, VA; and Arif Panju , Institute for Justice, Austin, TX, for appellants Tequila Rogers, Danyal Jones, Mark Jones, Rachel Prince, Tyrone Whitehead, and Dalphine Wilson.

Robert D. Segall of Copeland, Franco, Screws & Gill, P.A., Montgomery; James H. Anderson of Jackson, Anderson & Patty, P.C., Montgomery; and John M. West and Ramya Ravindran of Bredhoff & Kaiser, P.L.L.C., Washington, D.C., for appellees Daniel Boyd, Anita Gibson, and Quinton T. Ross, Jr.

Christopher W. Weller of Capell & Howard, P.C., Montgomery, for amicus curiae Mike Hubbard, Speaker of the Alabama House of Representatives, in support of the appellants.

Marc James Ayers of Bradley Arant Boult Cummings LLP, Birmingham, for Del Marsh, President Pro Tempore of the Alabama Senate, in support of the appellants.

Bryan Taylor of Brom & Taylor LLC, Prattville; and Eric Baxter and Asma Uddin of The Becket Fund for Religious Liberty, Washington, D.C., for amicus curiae The Becket Fund for Religious Liberty, in support of the appellants.

R. Bernard Harwood, Jr. , of Rosen & Harwood, P.A., Tuscaloosa, for amicus curiae Economic Development Association of Alabama, Inc., in support of the appellants Tequila Rogers et al.

Richard B. Garrett , David C. Smith , and Katherine G. Robertson , Alabama Policy Institute, Mountain Brook, for amicus curiae Alabama Policy Institute, in support of the appellants.

William W. Watts III of Pipes Hudson & Watts, Mobile; and Joshua P. Thompson and Jonathan Wood of Pacific Legal Foundation, Sacramento, CA, for amicus curiae Pacific Legal Foundation, in support of the appellants.

J. Wells Robinson , Montgomery; Geoffrey G. Slaughter of Taft, Stettinius & Hollister LLP, Indianapolis, IN; and John B. Nalbandian of Taft, Stettinius & Hollister LLP, Cincinnati, OH, for amicus curiae The Friedman Foundation for Educational Choice, in support of the appellants.

Edward Still , Birmingham; and Sam Heldman of The Gardner Firm, Washington, D.C., for amici curiae Historians J. Wayne Flynt, Henry M. McKiven, and J. Mills Thornton III, in support of the appellees.

William W. Sanderson of Lanier Ford Shaver & Payne, P.C., Huntsville, for amici curiae School Superintendents of Alabama including superintendents of City of Madison Board of Education, Huntsville City Board of Education, Lee County Board of Education, Hartselle City Board of Education, Boaz City Board of Education, Anniston City Board of Education, Monroe County Board of Education, Choctaw County Board of Education, Decatur City Board of Education, Conecuh County Board of Education, Tallapoosa County Board of Education, Saraland City Board of Education, Opp City Board of Education, Dale County Board of Education, Dothan City Board of Education, Tuscaloosa City Board of Education, Washington County Board of Education, Bibb County Board of Education, Bullock County Board of Education, Perry County Board of Education, Walker County Board of Education, Pike County Board of Education, Morgan County Board of Education, Tuscaloosa County Board of Education, Limestone County Board of Education; Marengo County Board of Education, Etowah County Board of Education; Macon County Board of Education; and Thomasville City Board of Education, in support of the appellees.

John F. Porter III , Scottsboro, for amicus curiae Kenneth Harding, Superintendent, Jackson County Board of Education, in support of the appellees.


The three appeals in this case involve issues of first impression regarding the Alabama Accountability Act (hereinafter "the AAA"), codified at § 16-6D-1 et seq., Ala.Code 1975.

Facts

The Alabama House of Representatives approved House Bill 84 ("HB 84"), a bill relating to education, and the bill, then...

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