Split Eleventh Circuit Panel Holds That Legislator Privilege Is Absolute Immunity From Discovery in Civil Action

In Pernell v. Andrade, No. 23-10616 (11th Cir. Oct. 30, 2023), a 2-1 panel reverses a district court’s order enforcing subpoenas against legislators in an action challenging the constitutionality of Florida’s “Stop W.O.K.E. Act,” with the panel dividing over whether the legislator privilege is absolute or to some degree qualified by “important federal interestes.” “InContinue reading “Split Eleventh Circuit Panel Holds That Legislator Privilege Is Absolute Immunity From Discovery in Civil Action”