Hilary Davis, Individually and on Behalf of All Others Similarly Situated v. William J. Page, Jr., Etc., Circuit Judges Dixie Herlong Chastain, Etc.

JOHN R. BROWN, Circuit Judge, with whom COLEMAN, AINSWORTH, CHARLES CLARK, RONEY, GEE, TJO-FLAT, HILL, GARZA, HENDERSON and REAVLEY, Circuit Judges,

join, dissenting:

What this case involves was succinctly described in my panel dissenting opinion (with partial concurrence):1

Once again this Court in the high name of the Constitution becomes involved by the majority in the most direct way in domestic problems wisely left to the states. Not only that, it is done by an order declaring unconstitutional prior decisions of the state’s highest tribunal through the medium of an attack directed against…