MOORE v. LOUISIANA BD. OF ELEMENTARY

No. 12-31218.

743 F.3d 959 (2014)

M.C. MOORE, as father and next friend to minors Joyce Marie Moore, Jerry Moore, and Thelma Louise Moore; Henry Smith, as father and next friend to minors Bennie Smith, Charles Edward Smith, Shirley Ann Smith, and Earline Smith, Plaintiffs-Appellees v. LOUISIANA BOARD OF ELEMENTARY AND SECONDARY EDUCATION; Louisiana Department of Education; John White, Movants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 24, 2014.


Attorney(s) appearing for the Case

Nelson Dan Taylor, Sr., Esq. , Chief Counsel, J.K. Haynes Legal Defense Fund, Thibodaux, LA, Gideon Tillman Carter, III, Esq. , Baton Rouge, LA, James Austin Gray, II , Attorney, Gray & Gray, A.P.L.C., New Orleans, LA, Plaintiff-Appellees.

Jimmy Roy Faircloth, Jr. , Attorney, Barbara Bell Melton , Faircloth Law Group, L.L.C., Alexandria, LA, Patricia Hill Wilton , Louisiana Department of Justice Criminal Division, Willa Rebecca LeBlanc , Department of Education-Legal Division, Baton Rouge, LA, Patricia Hill Wilton, for Movants-Appellants.

Before OWEN, SOUTHWICK, and GRAVES, Circuit Judges.


LESLIE H. SOUTHWICK, Circuit Judge.

The Louisiana Board of Elementary and Secondary Education, the Louisiana Department of Education, and John White, Superintendent of Education, appeal the grant of an injunction prohibiting them from implementing Act 1 and Act 2 of the 2012 Regular Session of the Louisiana Legislature. Finding all issues related to Act 2 moot and a lack of jurisdiction to enjoin Act 1, we VACATE the injunction and REMAND for dismissal of all issues...

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