Legal Opinion

Hand v. Scott

District Court, N.D. Florida

Decided March 27, 2018No. Case No. 4:17cv128–MW/CASPublishedCited by 1 opinion

1Opinion of the Court

Mark E. Walker, United States District Judge

This Court is not the Vote-Restoration Czar. It does not pick and choose who may receive the right to vote and who may not. Nor does it write the rules and regulations for the Executive Clemency Board. Instead, this Court possesses the well-known and unsurprising "province and duty ... to say what the law is." Marbury v. Madison , 5 U.S. (1 Cranch) 137, 177, 2 L.Ed. 60 (1803). And this Court possesses the unremarkable discretion to find a means for the Board to comply with the law.

In its Order on Cross-Motions for Summary Judgment, this Court…

2Cases cited33 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Lewis v. CaseySupreme Court of the United States · 1996
  4. Marbury v. MadisonSupreme Court of the United States · 1803
  5. Elrod v. BurnsSupreme Court of the United States · 1976

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3Cited by1 opinion

  1. League of Women Voters of Fla., Inc. v. DetznerDistrict Court, N.D. Florida · 2018

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