State Superintendent of Education v. Alabama Education Ass'n

I concur only with the main opinion’s summation of the answers to the certified questions regarding Ala.Code 1975, § 17-17-5:

“1. The ‘or otherwise’ language in the Act is limited to the use of State mechanisms to make payments to organizations that use at least some portion of those payments for political activity.

“2. The term ‘political activity’ is not limited to electioneering activities, i.e., activities undertaken in support of candidates for elected offices.”

144 So.3d at 278. I write specially to note the following regarding the second question and the State’s argument regarding that…