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LOUISIANA FEDERATION OF TEACHERS v. STATE

No. 2011-CA-2226.

94 So.3d 760 (2012)

LOUISIANA FEDERATION OF TEACHERS, East Baton Rouge Federation of Teachers, Jefferson Federation of Teachers Vernon L. Bolden, Venice Gunner-Holiday, Teri Ann Johnson & Rachel Rasbery v. STATE of Louisiana & the Board of Elementary & Secondary Education.

Supreme Court of Louisiana.

July 2, 2012.

Attorney(s) appearing for the Case

James D. Caldwell , Attorney General, Angelique Duhon Freel , Assistant Attorney General, for Appellant.

Rittenberg, Samuel & Phillips, LLC, Charles Mayer Samuel, III , William Edward Rittenberg , New Orleans, LA, for Appellee.

GUIDRY, Justice.

This case is before us on direct appeal from a judgment of the trial court declaring Act 749 of the 2010 Legislative Session unconstitutional.1 Because we find the constitutional challenge is premature and presents no justiciable controversy, we reverse the ruling of the trial court.

FACTS AND PROCEDURAL HISTORY

During its 2010 Regular Session, the Louisiana Legislature enacted Act 749 ("the Act"), comprising...

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