American Family Association Action (AFA Action), is a non-profit 501(c)(4) organization dedicated to advancing biblical, family values in society and government by educating and influencing public policy. AFA Action is also the Governmental Affairs Affiliate of American Family Association (AFA).
Judge on the U.S. Court of Appeals for the Eleventh Circuit
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Judge Lagoa is a Catholic Christian. As of 2019, Judge Lagoa and her family attended the Catholic Church of the Epiphany in Miami.[1] Describing her faith practice, Lagoa said, “It is more than going to Mass every Sunday, and to me at least, it means having a personal relationship with God that in turn informs how we treat others.” Lagoa stated in a speech at the annual dinner reception of the St. Thomas More Society for Broward County: “My Catholic education instilled in me an abiding faith in God that has grounded me and sustained me through the highs and lows of life.”[2] She has also said, “I suggest that in order to be a good Catholic advocate, one should start with St. Thomas More.”[3] Lagoa said that following More’s example, “starts with reminding ourselves, even when it is hardest, of the dignity of each human being - even the most difficult opposing counsel - and it also starts with reminding ourselves that none of us are perfect and that we ourselves can contribute to or exacerbate a difficult situation.”[4] Lagoa is married to Paul Huck, Jr., also an attorney, and they have three children.[5] Lagoa believes that demographic diversity in the judicial branch is an important goal.[6]
[1] Governor Desantis Appoints Barbara Lagoa To Florida Supreme Court, Florida Family Action (Jan. 9, 2020), https://floridafamilyaction.org/2020/01/governor-appoints-barbara-lagoa/.
[2] Tom Tracy, Florida Supreme Court Justice: What does it mean to be a 'Catholic lawyer,' Archdiocese of Miami (Oct. 3, 2019), https://www.miamiarch.org/CatholicDiocese.php?op=Article_15701945638215.
[3] Catholic judge Barbara Lagoa on the shortlist of Supreme Court nominees, Catholic News Agency (Sept. 21, 2020), https://www.catholicnewsagency.com/news/45908/catholic-judge-barbara-lagoa-on-the-shortlist-of-supreme-court-nominees.
[4] Catholic judge Barbara Lagoa on the shortlist of Supreme Court nominees, Catholic News Agency (Sept. 21, 2020), https://www.catholicnewsagency.com/news/45908/catholic-judge-barbara-lagoa-on-the-shortlist-of-supreme-court-nominees.
[5] Jan Wolfe, Potential Trump Supreme Court pick Lagoa is fast-rising Cuban-American judicial star, Reuters (Sept. 21, 2020), https://www.reuters.com/article/us-usa-court-lagoa-profile-newsmaker/potential-trump-supreme-court-pick-lagoa-is-fast-rising-cuban-american-judicial-star-idUSKCN26C19S.
[6] S. Questions for Answer, p. 72. Questions from Senator Booker. Question #12.
Judge Lagoa participated in a rehearing en banc in a case in which the Court acknowledged the importance of the party presentation principle and textual supremacy. The opinion authored by Judge Tjoflat explained, “The party presentation principle is a real limit on the ability of American courts to consider issues not presented by the parties. We may not consider issues intentionally waived by the parties, and we should not consider forfeited issues except in extraordinary circumstances.”[7] The Judge Tjoflat’s opinion also acknowledged, “It is ‘canonical that courts must read a statute to give effect to all provisions and avoid rendering any part ‘inoperative or superfluous, void or insignificant.’’”[8]
[7] United States v. Campbell, 26 F.4th 860, 880 (11th Cir. 2020), cert. denied, 143 S. Ct. 95 (2022). Link here (bold and emphasis added).
[8] United States v. Campbell, 26 F.4th 860, 880 (11th Cir. 2020), cert. denied, 143 S. Ct. 95 (2022). Link here (bold and emphasis added).
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Judge Lagoa has been reluctant to rule in favor of inmates on First Amendment issues. She authored an opinion in an appeal in which she restated that the contempt bond faced by appellant did not violate his rights under RFRA or the First Amendment. Judge Lagoa wrote, “Daker's assertion that the contempt bond violated his rights under the First Amendment and RFRA failed because his argument would apply to any fine or financial penalty.”[9] Judge Lagoa also authored an opinion in which she found the denial of a Jewish diet to a pre-trial detainee did not place him under “imminent danger of serious physical injury.” Judge Lagoa wrote, “[] Constant does not explain how being denied a Jewish diet places him under imminent danger of serious physical injury.”[10]
[9] Daker v. Governor of Ga., No. 20-13602-JJ, 2021 U.S. App. LEXIS 17631, at *5 (11th Cir. 2021). Link here (bold and emphasis added).
[10] Constant v. Marion Cty. Sheriff's Office, No. 21-13355-E, 2022 U.S. App. LEXIS 3827, at *6 (11th Cir. 2022). Link here (bold and emphasis added).
Judge Lagoa was a member of a panel which upheld a Georgia prohibition on some abortions and upheld the state’s expansion of the definition of “natural person” to include unborn children. The Court held, “Georgia's prohibition on abortions after detectable human heartbeat is rational. See H.B. 481 § 4(b). ‘[R]espect for and preservation of prenatal life at all stages of development’ is a legitimate interest. Dobbs, 142 S. Ct. at 2284.”[11]
[11] SisterSong Women of Color Reprod. Just. Collective v. Governor of Ga., 40 F.4th 1320, 1326 (11th Cir. 2022). Link here (bold and emphasis added).
Judge Lagoa authored an Eleventh Circuit opinion upholding a school board’s policy of separating school bathrooms based on biological sex. The opinion states, “[W]hen we apply first principles of constitutional and statutory interpretation, this appeal largely resolves itself. The Equal Protection Clause claim must fail because, as to the sex-discrimination claim, the bathroom policy clears the hurdle of intermediate scrutiny and because the bathroom policy does not discriminate against transgender students. The Title IX claim must fail because Title IX allows schools to separate bathrooms by biological sex.”[12] Judge Lagoa has a mixed approach to First Amendment claims, and at times seems deferential to state regulation of speech. She participated in a per curiam opinion holding that a former police officer terminated for flying a Confederate flag outside her home failed to sufficiently plead a due process claim, and that under the First Amendment, the defendants' interest in effectively running the city police department outweighed plaintiff's interest in flying the Confederate battle flag. The Court noted, “[T]o some, the Confederate battle flag ‘is said to evoke the memory of their ancestors and other soldiers who fought for the South in the Civil War.' But to many others, 'it symbolizes slavery, segregation, and hatred.’”[13] Judge Lagoa participated in a per curiam opinion holding that the plaintiff’s singing an “anti-gay” song in a parking lot was at least arguably constitutionally protected activity, and that the officer's order to leave the parking lot adversely affected plaintiff's ability to exercise his First Amendment rights.[14] Judge Lagoa also participated in a concurrence in the denial of rehearing en banc of a challenge to ordinances that prohibited conversion therapy of minors.[15]The concurrence joined by Judge Lagoa explains, “Neither the panel opinion nor this Circuit's decision against en banc review express any view on the efficacy or desirability of the speech at issue in this case. Nor do they condone or ignore the struggles faced by many LGBTQ youth. But ‘we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course.’”[16]
[12] Adams v. School Board of St. Johns County, No. 18-13592 (11th Cir. 2022), Link here, PDF p. 12 (bold and emphasis added).
[13] Cotriss v. City of Roswell, No. 19-12747, 2022 U.S. App. LEXIS 17941, at *25-26 (11th Cir. 2022). Link here (bold and emphasis added).
[14] Watkins v. Fort Lauderdale Police Officer, No. 21-11008, 2022 U.S. App. LEXIS 15191, at *4-5 (11th Cir. 2022). Link here (bold and emphasis added).
[15] Otto v. City of Boca Raton, 41 F.4th 1271, 1272 (11th Cir. 2022). Link here.
[16] Otto v. City of Boca Raton, 41 F.4th 1271, 1278 (11th Cir. 2022). Link here (bold and emphasis added).
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Lagoa has been a member of the Federalist Society since circa 1998.[17] She has participated in three Federalist Society events.[18] Two were Florida Chapter meetings, at which Lagoa was a panelist.[19] The third concerned First Amendment issues on digital platforms, for which Lagoa served as moderator.[20]
[17] S. Questionnaire, p. 7. https://www.judiciary.senate.gov/imo/media/doc/Barbara%20Lagoa%20SJQ%20-%20PUBLIC.pdf
[18] Hon. Barbara Lagoa, The Federalist Society, https://fedsoc.org/contributors/barbara-lagoa.
[19] Hon. Barbara Lagoa, The Federalist Society, https://fedsoc.org/contributors/barbara-lagoa.
[20] Hon. Barbara Lagoa, The Federalist Society, https://fedsoc.org/contributors/barbara-lagoa.
Judge Lagoa authored a dissenting opinion in a case in which the Eleventh Circuit denied Florida’s motion for an injunction on a COVID vaccine mandate for covered staff in facilities receiving Medicare and Medicaid funding. Judge Lagoa would have granted the motion for an injunction. Judge Lagoa wrote, “[T]here is no dispute that there is no specific congressional authorization for the mandate.”[21] Judge Lagoa continues, “CMS also suffers a lack of data regarding vaccination status and transmissibility…CMS notes that the vaccines are ‘safe and highly effective at protecting vaccinated people against symptomatic and severe COVID-19,’ … but concedes that ‘the effectiveness of the vaccine to prevent disease transmission by those vaccinated [is] not currently known.’”[22]
[21] Florida v. HHS, 19 F.4th 1271, 1302-03 (11th Cir. 2021). Link here (bold and emphasis added).
[22] Florida v. HHS, 19 F.4th 1271, 1308 (11th Cir. 2021). Link here (bold and emphasis added).
Best meets the ten principles of a constitutional judge.
Rating: GreyNeutral. Record is not as fully developed. Cannot be rated as “green” or “red.”
Rating: RedFails to meet the ten principles of a constitutional judge.
AFA Action is a non-profit 501(c)(4) organization dedicated to advancing biblical, family values in society and government by educating and influencing public policy. AFA Action is also the Governmental Affairs Affiliate of American Family Association.