Mallory v. Harkness

FINAL ORDER GRANTING DECLARATORY JUDGMENT AND PERMANENT INJUNCTION

RYSKAMP, District Judge.

THIS CAUSE came before the Court upon plaintiffs request for a declaratory judgment that Florida Statute § 43.29(l)(a) is unconstitutional and a permanent injunction barring its enforcement. The Court finds that the race and gender-based quota as established by § 43.29(l)(a) violates the Fourteenth Amendment to the Federal Constitution and therefore GRANTS plaintiff the relief sought.

I. BACKGROUND

Plaintiff applied for the sole vacancy on the Judicial Nominating Commission (“JNC”) for Florida’s Fourth…