Billy D. Cook v. Robert W. Hudson, Etc.

515 F.2d 762, 1975 U.S. App. LEXIS 13848

Opinions

CLARK, Circuit Judge,

with whom Circuit Judges THORNBERRY, AINS-WORTH, SIMPSON and GEE, join (dissenting).

When it appeared my writing would express the views of the panel, particular care was taken to explicate and document what was said because it seemed absolutely necessary to cogently reinstate the core rights trampled by the school district’s arbitrary edict of forced conformity in a citizen’s private life. That endeavor failed to muster a concurrence. Now, the full Court, albeit by the narrowest margin possible, has declined to rehear the cause en banc.

Respectfully, I insist that the panel decision is (1) contrary to Supreme Court precedent, and (2) an error of exceptional importance. My best effort having been expended in the panel dissent, a further attempt at explanation appears futile. For the reasons previously stated, I dissent from the court’s denial of rehearing en banc.