ALABAMA EDUC. v. STATE SUPERINTENDENT OF EDUC.

Nos. 11-11266, 11-11267, 11-12609.

746 F.3d 1135 (2014)

ALABAMA EDUCATION ASSOCIATION, an Alabama non-profit corporation, A-Vote, an Alabama political committee, Pam Hill, Jeff Breece, Chassity Smith, et al., Plaintiffs-Appellees, v. STATE SUPERINTENDENT OF EDUCATION, State of Alabama, Chancellor of Postsecondary Education, State of Alabama, Attorney for Lee County, State of Alabama, Defendants-Appellants. Alabama Education Association, an Alabama non-profit corporation, A-Vote, an Alabama political committee, Pam Hill, Jeff Breece, Chassity Smith, et al., Plaintiffs-Appellees, v. Governor of Alabama and President of the State School Board, Director of Finance, State of Alabama, Comptroller, State of Alabama, Defendants-Appellants. International Association of Firefighters, An unincorporated labor organization, Firepac, a political action committee, American Federation of Teachers Local 2115, et al., Plaintiffs-Appellees, v. Superintendent of Education, in his capacity as the Superintendent of Education of the State of Alabama, State of Alabama, Chancellor of Postsecondary Education, in her capacity as Chancellor of Postsecondary Education of the State of Alabama, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 5, 2014.


Attorney(s) appearing for the Case

Sam Heldman , The Gardner Firm, Philip A. Hostak , Alice O'Brien , National Education Association, Washington, DC, Annary Cheatham , Cheatham & Associates, PLLC, Herman Austin Watson, Jr. , Watson Mckinney, LLP, Huntsville, AL, J. Cecil Gardner , The Gardner Firm, PC, Mobile, AL, Robert D. Segall , Copeland Franco Screws & Gill, PA, Montgomery, AL, Gregory B. Stein , Stein & Pilcher, LLC, Fairhope, AL, Edward Still , Edward Still Law Firm, LLC, Birmingham, AL, for Plaintiff-Appellee.

Albert Linch Jordan , Susan Elaine McPherson , Wallace Jordan Ratliff & Brandt, LLC, Birmingham, AL, Algert Swanson Agricola, Jr. , Ryals Plummer Donaldson Agricola & Smith, PC, James W. Davis , Margaret L. Fleming , William Glenn Parker, Jr. , Luther J. Strange, III , Attorney General's Office, Montgomery, AL, J. R. Brooks , Taylor P. Brooks , Lanier Ford Shaver & Payne, PC, Julian D. Butler , Sirote & Permutt, PC, William W. Sanderson, Jr. , Lanier Ford Shaver & Payne, PC, Huntsville, AL, for Defendant-Appellant.

Before COX and DUBINA, Circuit Judges, and HUNT, District Judge.


DUBINA, Circuit Judge:

I. BACKGROUND

This appeal came to us following the district court's entry of a preliminary injunction preventing enforcement of Alabama Act No. 2010-761 ("the Act"), codified at Alabama Code § 17-17-5. The Act prohibits public employees from "arrang[ing] by salary deduction or otherwise" for payments to (1) political action committees or (2) organizations that use any portion of the dues for "political activity." Id...

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