Legal Opinion · Concurrence

Ex Parte Springer

Supreme Court of Alabama

Decided December 11, 1992No. 1910874Published

1Concurrence

While I agree with the majority that the writ is due to be denied, I respectfully disagree with the majority's holding that Act No. 590, 1978 Ala. Acts 693, which has been codified as §§ 15-9-80 to -88, Ala. Code 1975, violates § 45, Ala. Const. 1901. In my view, the majority fails to apply the correct standard of review to the question regarding the constitutionality of a state statute and fails to follow established law in determining the intent of the legislature in enacting the legislation at issue. Because I believe that Springer has failed to meet his burden of proving that he is…

2Cases cited15 opinions

  1. Alabama State Federation of Labor v. McAdorySupreme Court of the United States · 1945
  2. Alabama State Federation of Labor v. McAdorySupreme Court of Alabama · 1944
  3. Ballentyne v. WickershamSupreme Court of Alabama · 1883
  4. Boswell v. StateSupreme Court of Alabama · 1973
  5. Home Indem. Co. v. AndersSupreme Court of Alabama · 1984

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