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196 So. 2d 916

Driver v. Adams

Supreme Court of Florida

Decided March 22, 1967

Supreme Court of Florida · decided 1967-03-22

Relies on Keyishian v. Board of Regents of Univ. of State of NY · Bond v. Floyd · 52 So. 2d 793 - Mairs v. Peters

Decided 1967-03-22

PER CURIAM.

¶1By their petition for a writ of mandamus, the petitioners question the validity of various provisions of Florida’s so-called “political party loyalty oath” prescribed by Section 99.021(1), Florida Statutes, F.S.A.

¶2In effect we are asked to recede from our prior decisions in Mairs v. Peters, Fla., 52 So.2d 793 and Crowells v. Petersen, Fla., 118 So.2d 539. Petitioners insist that the rule of these cases has been superseded by principles announced in Keyishian v. Board of Regents, 385 U.S. 589, 87 S.Ct. 675, 17 L.Ed.2d 629 and Bond v. Floyd, 385 U.S. 116, 87 S.Ct. 339, 17 L.Ed.2d 235. We find the federal cases inapposite. The petitioners have failed to demonstrate any justification for overruling the Florida cases cited. On the authority of those cases, the alternative writ of mandamus is quashed and the petition dismissed.

¶3It is so ordered.

THORNAL, C. J., and THOMAS, DREW and ERVIN, JJ., concur. ROBERTS, J., concurs specially with Opinion.
ROBERTS, Justice

¶4(concurring specially):

¶5I agree with the judgment quashing the alternative writ of mandamus for the reason that, in my opinion, the petitioners are guilty of laches. Section 99.021(1), Florida Statutes, F.S.A., has been in existence for a number of years, yet petitioners come here on the very eve of an election seeking the extraordinary remedy of mandamus. It is “too little and too late.”

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