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Update on Constitutionality of Healthcare Lawsuit -DOJ Response
The Federal Government had just filed its motion to dismiss and memo of law in support in the case Attorney General McCollum filed in the Northern District of Florida, Case No. 3: 1 O-cv-91-RV/EMT.  The memo of law is here read more
Supreme Court Ruling in Graham: Life Without Parole for Juvenile
Having just read this decision, and the evolution of the evolving standards of decency and proportionality review, in addition to the first ever time that I remember the court completing a social study that was cited  by a party, and using it to justify
Amended complaint filed in Florida Challenge to Healthcare Act
Here it is - weekend reading, the amended complaint filed by Attorney General Bill McCollum in the challenge to the constitutionality of the health care act.  Analysis to follow.   read more
 
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General Injustice

What, one might ask is a category of cases such as general injustice? Well, we choose to put into this category cases in which the public opinion and even the courts may not be favorable to the case, cases in which the court may have finally spoken, but in which the outcome is nonetheless wrong.  Often, it can take a generation, or longer,  for justice to be done in these cases, and it may take concerted efforts in different courts for justice to be obtained. 

The picture below, a picture of Virgil Hawkins, is illustrative of this type of case. Virgil Hawkins attempted to be admitted into the the law school at the University of Florida, but for years, on one pretext or another, the courts denied his cause, on one pretext or another, but the real reason his case was denied is that he was Black.  He was finally admitted, after almost a generation, and he opened the door for others to be admitted without reference to race.

Another case I would put in this category is one of the civil rights cases of the 21st century, the cause of students who want an opportunity to attend the school of their choice, whether it is public or private.  In Florida, the courts have denied students in failing schools this opportunity on tenuous legal grounds, but the final chapter remains to be written.  I hope in twenty years that law students will look back on such rulings with as much bemusement as the logic of the Virgil Hawkins cases now  receive.

Please contact us if you believe you are involved in a case, or have a situation in which your position, although perhaps unpopular, is a correct position, and should ultimately prevail.

Virgil Hawkins

Virgil Hawkins Portrait

 
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