Freedom From Religion Foundation, Inc. v. Abbott, No. 18-50610 (5th Cir. 2020)
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After the district court concluded that the Governor and Director violated FFRF's First Amendment rights by requiring FFRF to take down a Bill of Rights nativity exhibit at the Capitol, the Governor and Director appealed.
The Fifth Circuit held that the district court had jurisdiction to entertain this suit where FFRF sought prospective relief, and there was, and still is, a live controversy between the parties. However, the court held that the district court did not have jurisdiction to enter a retrospective declaratory judgment. Accordingly, the court vacated and remanded for the district court to consider FFRF's request for injunctive relief and enter appropriate prospective relief for FFRF. The court also reversed the district court's grant of summary judgment on FFRF's unbridled discretion claims, clarified the appropriate application of the unbridled discretion doctrine in the context of a limited public forum, and remanded for the district court to apply that standard in the first instance.
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