Eleventh Circuit Court of Appeals, in Atlanta. (Official photo, Eleventh Circuit website)
PAYING VIRGINIA LAWYERS $676,000 AND GROWING, TO INTERFERE WITH TEACHERS’ GENDER PRONOUNS IN FLORIDA.
The State enacted a law that a teacher in Florida could not teach Algebra unless she submitted to the State’s selection of personal pronouns for her to use on the job. Or else. Or else she would lose her job.
Instead, she sued in a U.S. District Court. The Court agreed with her that the First Amendment prohibits the State from restricting her speech in this way. There might be a way to handle this, but it was not this way. Not so long as there is a First Amendment and judges to enforce it by stopping the government from conducting itself this way. The District Judge entered a preliminary injunction against the State.
As Katie Woods put it in her Brief: “Florida legislators are entitled to their views on whether Ms. Wood’s use of titles and pronouns is ‘false.’ But they may not compel her to share that message.” Katie Wood v. Fla. Dep’t Ed., Appellee’s Brief, Doc. No. 35, p. 45, filed 07.24.24 (11th Cir. Case No. 24-11239).
The defendants were all State officials and agencies. They did not like the First Amendment telling them what to do. They appealed. Their appeal is now pending: Katie Wood v. Fla. Dep’t Ed. (11th Cir. Case No. 24-11239).
The story is told pretty well in Katie Wood’s Appellee’s Brief, which is Document No. 35, filed July 24, 2024 in the Eleventh Circuit Court File. The only web address given by the Eleventh Circuit Court of Appeals for the Brief is this search box.
Nothing I can find in the Court File, and certainly nothing in Katie Wood’s Brief, even mentions that the State hired Virginia lawyers to defend the Florida officials and agencies in Florida. So far, they have charged $676,000 and there is no indication at all that they are not going to charge any more as the case proceeds. The bills are being paid by the people of Florida. Among many, many media reports of these facts, see for example this report by Dara Kam of News Service of Florida published online with a slightly different headline from the printed version, on Thursday, September 26, 2024 in the Orlando Sentinel.
I cannot see why the State of Florida hired Virginia lawyers here. Florida has an Attorney General already and the lawyers there are ready to defend the State in all cases. I used to work there; there were many good lawyers in that office then, and there are some good lawyers in that office now.
I know many good lawyers in Florida who could represent the State in addition to the A.G.’s office. If I know many, so do lawyers in the A.G.’s office. Yet the State decided to give this business to foreigners. Don’t ask me why.
PETITION TO STOP INTERFERENCE WITH A CITIZENS’ INITIATIVE IN FLORIDA.
Amendment 4 will be added to the November ballot in Florida because many Florida voters signed petitions to add it. In April, the Supreme Court of Florida approved Amendment 4 being placed on the ballot accordingly. It will become part of the Florida Constitution if over 60% of the voters approve it.
Amendment 4 would put limits on government interference with abortion. That is the source of the government’s interference with Amendment 4, according to a Time-Sensitive Petition for relief which was filed electronically in the Supreme Court on September 10, 2024. The proceedings are online on the Florida Supreme Court website.
A lone lawyer in Lake Worth, Florida filed the petition to stop government interference with Amendment 4 on the ballot. For example, the petition recites some things that have already happened and that no-one disputes about the government’s conduct, including that it established a website which declares that “Amendment 4 Threatens Women’s Safety,” with the caps and the boldface input by the State.
Unmentioned in the Petition but clearly seen on the government website today, there is also this message from the State about what to think about Amendment 4:
DON’T LET THE FEARMONGERS LIE TO YOU.
Boldface and underlining by the State in original.
In the “Time-Sensitive Petition,” Mr. Richards asks the Florida Supreme Court to require the official in charge of the quoted website, and the Governor and the Attorney General to stop the interference and to obey the law.
This is a commendable effort, but I think that the current Florida Supreme Court will make short shrift of it. There may be a good legal basis for the Petition, but this Court is not likely to rule that Ron DeSantis must do or stop doing something.
Richards also invoked the Court’s “all writs jurisdiction,” but as he himself wrote, this is not a basis in itself to exercise any jurisdiction which the Court does not already have otherwise. As a lawyer, if you’re going to allege a claim you might as well allege all claims which you can ethically allege, because as a lawyer, you never know what will appeal to the judges who will decide the case. In this case, that probably will not figure in the outcome. I would expect this Court to rule in the near future.
Until then, and perhaps longer, we will probably have to live in the State of Ron DeSantis and Ashley Moody.
Florida Attorney General Ashley Moody, Official Portrait on her office’s website.
By the way, as mentioned above Attorney General Moody is a defendant in the Supreme Court proceeding. So far, she has not engaged outside counsel but is letting her own office handle the entire defense. At least those lawyers are already on the State payroll, although the people of Florida will still have to pay for them. In any case, the fact that AG Moody might be sued (and remember that she is not sued in the gender pronouns case) is apparently not a reason that Floridians have been stuck with the ever-growing $676,000 bill from Virginia lawyers in the gender pronouns case. Still looking for an explanation for that.
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P.S. to Great Old Broads For Wilderness & National Old Growth Amendments
The place to leave electronic Comments (or as the Forest Service apparently calls them, Letters) is here, and if there is no link then you can copy this and put it in your browser: https://cara.fs2c.usda.gov/Public//CommentInput?Project=65356.
The Forest Service will also accept Comments by U.S. Mail, as outlined in its Tips for Commenting on the Old Growth Amendment, DEIS, on the Forest Service website. Download HowToSubmitComments-OldGrowthAmendmentDEIS
Once again, please remember that the deadline is tomorrow, Friday, September 20, 2024 at the end of the day!
Please read the disclaimer. ©2024 Dennis J. Wall. All rights reserved. Interested in many things including Claims and Issues? Check out my Substack newsletter.
Posted by Dennis J. Wall on September 19, 2024 at 02:26 PM in Comments on Proposed Rules | Permalink | Comments (0)
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