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BRIEF OF CONSTITUTIONAL LAW SCHOLARS ASHUTOSH BHAGWAT, LEE BOLLINGER, ERWIN CHEMERINSKY, WALTER DELLINGER, MICHAEL C. DORF, LEE EPSTEIN, DANIEL FARBER, WILLIAM E. FORBATH, BARRY FRIEDMAN, ELLEN D. KATZ, JOHN C. JEFFRIES, JR., LAWRENCE LESSIG, WILLIAM MARSHALL, FRANK MICHELMAN, JANE S. SCHACTER, SUZANNA SHERRY, GEOFFREY R. STONE, DAVID STRAUSS, LAURENCE TRIBE, AND WILLIAM VAN ALSTYNE AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS-APPELLANTS AND REVERSAL
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  Case No. 14-31037 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Jonathan P. Robicheaux; Derek Penton; Nadine Blanchard; and Courtney Blanchard , Plaintiffs-Appellants , v.   James D. Caldwell, in his official capacity as the Louisiana Attorney General, also known as Buddy Caldwell,  Defendants-Appellees . Jonathan P. Robicheaux; Derek Penton; Nadine Blanchard; Courtney Blanchard, Robert Welles, and Garth Beauregard , Plaintiffs-Appellants , v.   Devin George, in his official capacity as the State Registrar and Center Director at Louisiana Department of Health and Hospitals, Tim Barfield, in his official capacity as the Louisiana Secretary of Revenue, Kathy Kliebert, in her official capacity as the Louisiana Secretary of Health and Hospitals,  Defendants-Appellees . Forum For Equality Louisiana, Incorporated; Jacqueline M. Brettner; M. Lauren Brettner; Nicholas J. Van Sickels Andrew S. Bond; Henry Lambert; R. Carey Bond;; L. Havard Scott III; and Sergio March Prieto,   Plaintiffs-Appellants , v.   Tim Barfield, in his official capacity as the Louisiana Secretary of Revenue; Devin George, in his official capacity as the State Registrar,  Defendants-Appellees . O  N A PPEAL FROM THE U  NITED S TATES D ISTRICT C OURT FOR THE E ASTERN D ISTRICT OF L OUISIANA , N OS . 2:13-CV-5090, 2:14-CV-97, 2:14-CV-327 BRIEF OF CONSTITUTIONAL LAW SCHOLARS ASHUTOSH BHAGWAT, LEE BOLLINGER, ERWIN CHEMERINSKY, WALTER DELLINGER, MICHAEL C. DORF, LEE EPSTEIN, DANIEL FARBER, WILLIAM E. FORBATH, BARRY FRIEDMAN, ELLEN D. KATZ, JOHN C. JEFFRIES, JR., LAWRENCE LESSIG, WILLIAM MARSHALL, FRANK MICHELMAN, JANE S. SCHACTER, SUZANNA SHERRY, GEOFFREY R. STONE, DAVID STRAUSS, LAURENCE TRIBE, AND WILLIAM VAN ALSTYNE AS  AMICI CURIAE IN SUPPORT OF PLAINTIFFS-APPELLANTS AND REVERSAL Case: 14-31037 Document: 00512813931 Page: 1 Date Filed: 10/24/2014   G EOFFREY R.   S TONE  T HE U  NIVERSITY OF C HICAGO L AW S CHOOL  1111 E. 60th Street Chicago, IL 60637 (773) 702-4907 gstone@uchicago.edu D IANE M.   S OUBLY   Counsel of Record S TEVENSON K  EPPELMAN A SSOCIATES  444 S Main Ann Arbor MI 48104 (734)   747-7050 dsoubly@skalaw.com L ORI A LVINO M C G ILL  Q UINN E MANUEL U RQUHART &   S ULLIVAN LLP 777 6th Street, NW 11 th  Floor Washington, DC   20001-3706 (202)   538-8000 lorialvinomcgill@quinnemanuel.com  Counsel for Amici Constitutional Law Scholars 2 Case: 14-31037 Document: 00512813931 Page: 2 Date Filed: 10/24/2014    Case No. 14-31037 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Jonathan P. Robicheaux; Derek Penton; Nadine Blanchard; and Courtney Blanchard , Plaintiffs-Appellants , v.   James D. Caldwell, in his official capacity as the Louisiana Attorney General, also known as Buddy Caldwell,  Defendants-Appellees . Jonathan P. Robicheaux; Derek Penton; Nadine Blanchard; Courtney Blanchard, Robert Welles, and Garth Beauregard , Plaintiffs-Appellants , v.   Devin George, in his official capacity as the State Registrar and Center Director at Louisiana Department of Health and Hospitals, Tim Barfield, in his official capacity as the Louisiana Secretary of Revenue, Kathy Kliebert, in her official capacity as the Louisiana Secretary of Health and Hospitals,  Defendants-Appellees . Forum For Equality Louisiana, Incorporated; Jacqueline M. Brettner; M. Lauren Brettner; Nicholas J. Van Sickels Andrew S. Bond; Henry Lambert; R. Carey Bond;; L. Havard Scott III; and Sergio March Prieto,   Plaintiffs-Appellants , v.   Tim Barfield, in his official capacity as the Louisiana Secretary of Revenue; Devin George, in his official capacity as the State Registrar,  Defendants-Appellees . _____________________________________ CERTIFICATE OF INTERESTED PERSONS Pursuant to Fifth Circuit Rule 28.2.1, the undersigned counsel of record certifies that the following listed persons and entities as described in the fourth i Case: 14-31037 Document: 00512813931 Page: 3 Date Filed: 10/24/2014   sentence of Rule 28.2.1 have an interest in the outcome of this case. These representations are made in order that the judges of this court may evaluate possible disqualification or recusal. APPELLEES: James D. Caldwell, in his official capacity as the Louisiana Attorney General Devin George, in his official capacity as the State Registrar and Center Director at Louisiana Department of Health and Hospitals Tim Barfield, in his official capacity as the Louisiana Secretary of Revenue Kathy Kliebert, in her official capacity as the Louisiana Secretary of Health and Hospitals APPELLEES’ ATTORNEYS: James Caldwell, Devin George, Stuart Kyle Duncan Tim Barfield, and Duncan PLLC Kathy Kliebert James Caldwell, Devin George, James Michael Johnson Tim Barfield, and Kitchens Law Firm Kathy Kliebert James Caldwell Angelique Duhon Freel Assistant Attorney General Louisiana Department of Justice ii Case: 14-31037 Document: 00512813931 Page: 4 Date Filed: 10/24/2014
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