Friday, August 30, 2024

Substantive Due Process Fight

By John R. Byrne

A little heavy in terms of content for a summer Friday but still notable. In Eknes-Tucker v. Alabama, the Eleventh Circuit declined to rehear en banc the challenge to an Alabama law that bars providing puberty blockers or cross-sex hormones to minors as treatment for gender dysphoria. The order is 170-plus pages. It consists of an opinion from Chief Judge Pryor critiquing the doctrine of substantive due process (noting it "does violence to the text of the Constitution"), an opinion from Judge Lagoa, who issued the panel opinion, recapping specifics of the case as well as recent factual developments, and three dissents (Judge Jordan, Judge Rosenbaum, and Judge Wilson). 

Reading it will take you back to your Con law days.

College football begins in earnest tomorrow. Canes open at the Gators. There’s going to be a lot of trash talking on Monday from one of those fan bases.

Denial of Rehearing by John Byrne on Scribd

2 comments:

  1. Anonymous10:45 AM

    Less meaty, but how about this 11th Circuit opinion, the latest entry in Bruce Jacob's quixotic fight against the mortgage industry: https://media.ca11.uscourts.gov/opinions/pub/files/202210963.pdf

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  2. Anonymous6:45 PM

    Run a word search for the "Lagoa Statement" in the opinion.

    Somebody please make a meme of Trump holding a piece of paper, yelling, with a caption that reads: "The Lagoa Statement Proves I Won!"

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