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Judicial Opinion #2 The legislature in Florida passed HB 7, colloquially called the Stop W.O.KE. Act (Stop Wrongs Against Our Kids and Employees Act) that
Judicial Opinion #2 The legislature in Florida passed HB 7, colloquially called the "Stop W.O.KE." Act (Stop Wrongs Against Our Kids and Employees Act) that restricts educators and students at higher education institutions from engaging in research about issues related to race and gender. The American Civil Liberties Union (ACLU) and the Legal Defense Fund (LDF) brought suit, claiming that the Florida act violates the First Amendment's Free Speech Clause and the Fourteenth Amendment's Equal Protection Clause because it imposes an unconstitutional viewpoint-based restriction on educators and it was enacted with the intent to discriminate against African American educators and students. The Florida act is only one of more than a dozen laws regulating Diversity, Equity, and Inclusion (DEI) efforts and Critical Race Theory (CRT). The Eleventh Circuit of Appeals issued a preliminary injunction while the case is being appealed. Step 2: Read the judicial opinions in this area of law. (See the syllabus and listen to the lecture over that topic for cases about that area of law as a starting place.) Step 3: Pick the best 3-5 cases that would help your case / help you distinguish your case from earlier cases. Then answer the below questions, i.e. brief the cases: Case 1 Name & Citation: (name of case and where you'd find it in a law book) Case 1 Background Facts: (the who, what, when, where, why, bow of the case) Case 1 Issue: (this means the question in the case) Case 1 Holding: (what the court decided; is X constitution / unconstitutional) Case 1 Reasoning: (the court's explanation of why it decided the case as it did) What is/ are the strongest argument(s) from this case?Opinion of the Court FIFTH CIRCUIT COURT OF APPEALS No. 15-2597 APPELLANT [replace with your party's name] RESPONDANT [replace with your party's name] [October 17, 2023] ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT JUSTICE YOUR LAST NAME] delivered the opinion of the Court, in which [ANYONE ELSE YOU WANT TO JOIN YOU-REMEMBER YOU TYPICALLY NEED 5 PEOPLE FOR A MAJORITY (if no one recuses themselves)] joined Step 11.B. State the issue in the case. (You need to decide the question of law in this case.) I. Step 11.C. Write your statement of facts. You may use the one provided in the assignment description, or you can tweak the facts to fit your goals. (This should not be included in your word count (because it is provided for you for / you are not writing it from scratch)
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