Alabama Coalition for Equity, Inc. v. James

I concur.

If the State of Alabama had requested that this Court set aside the Liability Order in this litigation, I would have voted to do so for the following reasons.

Alabama Code 1975, § 12-2-13, provides:

“The Supreme Court, in deciding each case when there is a conflict between its existing opinion and any former ruling in the case, must be governed by what, in its opinion, at that time is law, without any regard to such former ruling on the law by it .... ”

(Emphasis added.)

In Ex parte James, 713 So.2d 869, 878 (Ala.1997), Justice Cook summarized what is established law:

“ ‘[T]he lack of…