WILLIAMS ON BEHALF OF J.E. v. REEVES

No. 19-60069.

954 F.3d 729 (2020)

Indigo WILLIAMS, ON BEHALF OF her minor child J.E.; Dorothy Haymer, on behalf of her minor child, D.S.; Precious Hughes, on behalf of her minor child, A.H.; Sarde Graham, on behalf of her minor child, S.T., Plaintiffs-Appellants v. Tate REEVES, in his official capacity as Governor of Mississippi; Philip Gunn, in his official capacity as Speaker of the Mississippi House of Representatives; Tate Reeves, in his official capacity as Lieutenant Governor of Mississippi; Delbert Hosemann, in his official capacity as Secretary of State of Mississippi; Carey M. Wright, in her official capacity as State Superintendent of Education and Executive Secretary of MS State Board of Education; Rosemary Aultman, in her official capacity as Chair of the Mississippi State Board of Education; Jason Dean, in his official capacity as Member of the Mississippi State Board of Education; Buddy Bailey, in his official capacity as Member of the Mississippi State Board of Education; Kami Bumgarner, in her official capacity as Member of the Mississippi State Board of Education; Karen Elam, in her official capacity as Member of the Mississippi State Board of Education; Johnny Franklin, in his official capacity as Member of the Mississippi State Board of Education; William Harold Jones, in his official capacity as Member of the Mississippi State Board of Education; John Kelly, in his official capacity as Member of the Mississippi State Board of Education; Charles McClelland, in his official capacity as Member of the Mississippi State Board of Education, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed April 2, 2020.


Attorney(s) appearing for the Case

William B. Bardwell, Esq. , Attorney, Christine Bischoff , Southern Poverty Law Center, Jackson, MS, Rita Bender , William Bender , Skellenger Bender, P.S., Seattle, WA, Brad Elias , Anton Metlitsky , O'Melveny & Myers, L.L.P., New York, NY, Jason Zarrow , O'Melveny & Myers, L.L.P., Washington, DC, for Plaintiffs-Appellants.

Krissy C. Nobile, Esq. , Mississippi Attorney General's Office, Civil Litigation, Jackson, MS, for Defendants-Appellees.

Before JOLLY, GRAVES, and HIGGINSON, Circuit Judges.


Five years after the end of the Civil War, the Mississippi Readmission Act of 1870 reseated Mississippi's representatives in Congress, formally restoring Mississippi's rights as a member of the Union. By the plain terms of the Act, the State's readmission to Congress...

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