Ex parte State Board of Education

I agree in the main with the analysis set out in the main opinion, and I concur in the result reached. I write separately to comment on two aspects of that opinion.

First, as to footnote 7,- 219 So.3d at 614, I have no objection to the respondents’ reliance on Ex parte Jones, 147 So.3d 415 (Ala.2013), as authority regarding the timeliness of a mandamus petition raising immunity concerns. Nonetheless, I have no objection to the timing of the petition in light of the subject-matter-jurisdiction nature of the issué presented.

Second, I see no need, in order to reach the result that is reached, to…