Helms v. Picard

U.S. Court of Appeals for the Fifth Circuit
Helms v. Picard, 165 F.3d 311 (5th Cir. 1999)
1999 WL 11488

Helms v. Picard

Opinion of the Court

ON PETITIONS FOR REHEARING AND SUGGESTIONS FOR REHEARING EN BANC

PER CURIAM:

The Petitions for Rehearing are DENIED and the court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service not having voted in favor, (Fed. R.App. P and 5th Cir. R. 35) the Suggestions for Rehearing En Banc are also DENIED.

For clarity, we amend that part of the last sentence of the panel opinion following the number (2) to read as follows:

“... (2) we REVERSE the district court’s grant of summary judgment in favor of Defendants and RENDER judgment in favor of Plaintiffs declaring that the Federal instructional materials program, 20 U.S.C. §§ 7301-7373, and its Louisiana counterpart, La.Rev.Stat.Ann. §§ 17:351-52, are unconstitutional as applied in Jefferson Parish, except as applied for the acquisition of textbooks which use is not challenged by this litigation; and (3).... ”

Reference

Full Case Name
Mary L. HELMS, individually and as next friend of Amy T. Helms Amy T. Helms, a minor Marie L. Schneider, Plaintiffs-Appellants-Cross-Appellees-Appellees v. Cecil J. PICARD, Louisiana Superintendent of Public Education Kenneth Duncan, Louisiana State Treasurer Louisiana State Board of Elementary and Secondary Education Jefferson Parish School Board System Elton Lagasse, Superintendent of the Jefferson Parish School System Laurie E. Rolling, President and member of the Jefferson Parish School Board Libby Moran, Vice President and member of the Jefferson Parish School Board Robert Wolfe, member of the Jefferson Parish School Board Barry Bordelon, member of the Jefferson Parish School Board O.H. Guidry, member of the Jefferson Parish School Board Cedric Floyd, member of the Jefferson Parish School Board Polly Thomas, member of the Jefferson Parish School Board Gene Katsanis, member of the Jefferson Parish School Board Martin Marino, member of the Jefferson Parish School Board, Defendants-Appellees-Cross-Appellants, and Richard W. Riley, Secretary of the United States Department of Education United States Department of Education, and Special Education Services Corporation, and Guy Mitchell Jan Mitchell Claire Friedrichs, Eddie Greer, Colleen Greer, Dennis Thornton, Darlene Thornton, Intervenor Defendants-Appellees-Cross-Appellants
Cited By
3 cases
Status
Published