Episode 12: Pernell v. Lamb

LeRoy Pernell, et al. v. Brian Lamb, et al. (consolidated with Adriana Novoa, et al. v. Commissioner of the Florida State Board of Education, et al.), argued before Judges Charles R. Wilson, Britt C. Grant, and Barbara Lagoa in the U.S. Court of Appeals for the Eleventh Circuit on June 14, 2024. Argued by Charles Cooper (on behalf of Brian Lamb, et al.) and Leah Watson (on behalf of Appellees LeRoy Pernell, et al.) and Greg Greubel (on behalf of Appellees Adriana Novoa, et al.).

Issues Presented, from the Brief of Defendants-Appellants:

(1) Whether Plaintiffs have Article III standing to bring a pre-enforcement challenge to each provision of Florida’s Individual Freedom Act that regulates public universities;

(2) Whether the Act’s regulation of in-class instruction by public employees triggers First Amendment scrutiny;

(3) Whether the Act is sufficiently tailored to advance the State’s compelling interest in preventing invidious discrimination by public employees at public universities;

(4) Whether the challenged provisions of the Act are unconstitutionally vague;

(5) Whether any unconstitutional provisions are severable from the remainder of the Act; and

(6) Whether equitable factors favor reversal of the district court’s preliminary injunction.

Resources:

• CourtListener case docket for LeRoy Pernell v. Commissioner of the FL State Board of Education (pre-consolidation name of one of the constituent cases)

Listen to the argument here:

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