M.C. Moore v. Tangipahoa Parish School Boar

507 F. App'x 389
Court of Appeals for the Fifth Circuit·Decided January 14, 2013·No. 12-31218·Unpublished·Cited by 18 cases

Opinions

PER CURIAM: *

In a longstanding pending desegregation case, the district court enjoined certain non-party state actors (Appellants here) from implementing a recently passed statute with respect to the defendant parish school board. The Appellants filed an emergency motion seeking to stay a portion of a preliminary injunction pending appeal. On December 14, 2012, we granted a temporary stay pending further order of this court. We note that this matter comes before us as a motions panel only on •the question of whether a stay pending appeal should be granted. The motion was filed as an emergency motion, with limited time for briefing and consideration. Under the posture of the case as presented to us, we are addressing only the question of whether the district court’s injunction order should be stayed pending consideration of all arguments raised by the parties — jurisdictional and otherwise — follow[391] ing full briefing and, if appropriate, oral argument. In assessing whether to grant a stay, we necessarily must examine the merits of the parties’ arguments. But, given the procedural posture of this case, we emphasize that we do not intend to bind the ultimate merits panel which will consider the matter following full appellate process. Additionally, we determine that a full exposition of the law in this area is unnecessary and inappropriate at this stage, so we will endeavor to be brief in our reasoning. For the reasons stated below, we now GRANT the Appellants’ motion and STAY the district court’s order pending appeal.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

The desegregation plaintiffs and the Tangipahoa Parish School Board (“the Board”) (collectively, “the Petitioners”) filed motions for the issuance of writs pursuant to the All Writs Act, 28 U.S.C. § 1651(a), seeking injunctions against the further implementation of certain provisions of Acts 1 and 2 of the 2012 Regular Session of the Louisiana Legislature (“Act 1” and “Act 2”) based on their alleged interference with a court-ordered consent decree. The underlying consent decree arose from a 1965 federal desegregation suit, Moore v. Tangipahoa Parish School Board, in which the district court issued an order establishing certain student assignment and facilities requirements aimed at assisting the Board in achieving unitary school system status.

The most relevant portion of the newly enacted law is the Student Scholarships for Educational Excellence Act, LaRev. Stat. Ann. §§ 17:4011-:4025, implemented through Act 2. This Act creates a school-voucher or scholarship program (“the Program”) that allows students in Tangipahoa Parish (“the Parish”) to attend alternative public or private educational institutions in lieu of attending their assigned underper-forming public school in the Parish. See La.Rev.Stat. Ann. §§ 17:4018, :4018. When students elect to participate in the Program, Minimum Foundation Program (“MFP”) funds, which are state funds intended for public education, are diverted from the student’s assigned public school in the Parish to the alternative public or private institution where the student is educated. See id. § 17:4016. At present, fifty of the approximately 20,000 students in the Parish are participating in the Program. The Petitioners allege that compliance with the court-ordered consent decree requires them to receive full MFP funding and that the Program’s diversion of MFP funds frustrates their ability to implement the provisions of the decree.

On October 22, 2012, the district court ordered John White, Louisiana Superintendent of Education (“Superintendent White”), the Louisiana Department of Education (“the Department”), and the Louisiana Board of Elementary and Secondary Education (“BESE”) (collectively, “the State”), “to show cause ... as to why a preliminary injunction should not be entered ... enjoining and prohibiting ... further implementation of [the Program in the Parish].” The district court also ordered the State to show “why a mandatory preliminary injunction should not be entered ... directing [the State] to immediately commence full MFP funding to the [Board] for each student on a scholarship pursuant to the [Program].”

The State responded and during the November 26, 2012, hearing the district court issued a preliminary injunction.1 As in-[392] strueted by the court, the Petitioners and the State submitted proposed orders consistent with the court’s oral reasons. On November 28, 2012, the district court entered the Petitioners’ proposed order thereby enjoining the Program in the Parish.

The next day, the court denied the State’s request for a stay of the preliminary injunction pending appeal. The State timely moved this court to stay a portion of the preliminary injunction. See Fed. R.Apr P. 8(a)(1)(C).

At the same time that the federal district court injunction process was ongoing, a lawsuit challenging the constitutionality of the Program was pending in a Louisiana state trial court. That case examines the validity of the Program under the Louisiana state constitution. See La. Fed’n of Teachers v. Louisiana, No. 612,733, slip op. at 2 (19th La. Dist. Nov. 30, 2012). The state trial court found that the Program violates the state constitution by diverting public funds from the state’s public schools to private entities. See id. This ruling may be directly appealed to the Louisiana Supreme Court and, as discussed below, could render this federal action moot.

II. STANDARD OF REVIEW

We review a district court’s denial of a stay pending appeal for abuse of discretion. See Wildmon v. Berwick Universal Pictures, 983 F.2d 21, 23 (5th Cir.1992); see also Beverly v. United States, 468 F.2d 732, 740 n. 13 (5th Cir.1972) (“[T]he accepted standard for review of such a stay is whether or not the trial court abused its sound discretion in denying the stay.”). The factors for evaluating the appropriateness of a stay pending appeal are well-established: “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” Hilton v. Braunskill, 481 U.S. 770, 776, 107 S.Ct. 2113, 95 L.Ed.2d 724 (1987); see also Nken v. Holder, 556 U.S. 418, 426, 129 S.Ct. 1749, 173 L.Ed.2d 550 (2009).

“The first two factors of the traditional standard are the most critical.” Nken, 556 U.S. at 434, 129 S.Ct. 1749. As the mov-ant for a stay pending appeal, the State carries the burden to satisfy the four factors, see Ruiz v. Estelle, 666 F.2d 854, 856 (5th Cir.1982), and it is not entitled to the stay as a matter of right. See Nken, 556 U.S. at 433, 129 S.Ct. 1749.

III. DISCUSSION

We conclude that the State has met its. burden of establishing that the district court abused its discretion in denying the stay of the preliminary injunction.2

A. Likelihood of Success on the Merits

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M.C. Moore v. Tangipahoa Parish School Boar, 507 F. App'x 389 (5th Cir. 2013).

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