Henderson v. Stalder

joined by KING, Chief Judge, and PATRICK E. HIGGINBOTHAM, WIENER, RHESA HAWKINS BARKSDALE, BENAVIDES, CARL E. STEWART and DENNIS, Circuit Judges.

Because it is clear to me that the panel’s resolution of this case is wrong, I dissent from the court’s refusal to take this case en banc.

I fully understand the panel’s desire to avoid deciding a case that implicates anything that touches on abortion. The panel’s solution is to call the charge for the specialty license plate a “tax” thus triggering the TIA and divesting the federal courts of jurisdiction to enjoin the specialty license plate program.…