Off the Kuff Rotating Header Image

Posts Tagged ‘Attorney General’

More Paxton-versus-SEC stuff

Keeping the lawyers busy. Lawyers for Texas Attorney General Ken Paxton say the U.S. Securities and Exchange Commission cannot “shoot first and investigate later” as they seek to block 15 new subpoenas issued by the SEC. It is the latest argument by Paxton’s attorneys in their effort to show the SEC is scrambling to save […]

Paxton’s trial date set

Mark your calendars, and stock up on the popcorn. Texas Attorney General Ken Paxton’s trial on criminal securities fraud charges is set to begin May 1. Jury selection will be held April 20-21 and April 27-28, according to a recent order by George Gallagher, the judge presiding over Paxton’s case. He also scheduled a hearing […]

Feds officially file appeal in transgender bathroom directive lawsuit

This may be the last stop. With two weeks left, the Obama administration has asked a federal appeals court to throw out a lower court’s decision that suspended policies designed to protect transgender people’s access to restrooms — a sign the current leadership of the Justice Department will close shop mid-fight on one of its […]

“Fetal remains” rule still on hold

Take all the time you need. As he considers a final ruling on the state’s fetal remains burial rule, U.S. District Court Judge Sam Sparks is delaying the start date of the rule for at least another three weeks. On Wednesday afternoon, after attorneys for the state of Texas and the Center for Reproductive Rights […]

So what happens to all those Texas lawsuits against the feds?

It depends, but basically it’s up to the new Solicitor General, since he is the one defending the federal government’s actions. Since Paxton assumed office as AG in January 2015, Texas has sued the federal government more than a dozen times, raising questions about White House policy on such a wide range of topics as […]

“Fetal remains” rule put on hold

Good. A federal judge has delayed Texas’ fetal remains burial rule until Jan. 6. Judge Sam Sparks ruled Thursday afternoon that the Texas Department of State Health Services would have to push back its start date for requiring health providers to bury or cremate aborted fetuses. The agency had originally slated the rule to go […]

Fifth Circuit agrees to expedited appeal of overtime injunction

Good news and bad news. The U.S. Court of Appeals for the Fifth Circuit granted an expedited hearing for the Department of Labor in litigation over new overtime regulations. The Labor Department is seeking a hearing in its effort to overturn a trial court’s ruling halting the Obama administration’s proposed regulatory revisions that would have […]

California is the new Texas

Or will be, as far as litigating against the federal government goes. Gov. Jerry Brown has tabbed Rep. Xavier Becerra to serve as California’s interim attorney general, selecting the Los Angeles Democrat to fill a vacancy opened by the imminent departure of outgoing Attorney General Kamala Harris to the U.S. Senate. Assuming he wins confirmation […]

Texas v the feds, Endangered Species edition

One more for the road. For perhaps the last time before President Barack Obama leaves office, Texas Attorney General Ken Paxton has filed suit against the federal government for what he considers federal overreach, this time in an endangered species matter. […] One rule revises the definition of “destruction or adverse modification” of habitat. Under […]

Texas settles another lawsuit against VW

Hard to keep track, I know. Volkswagen will pay the state of Texas $50 million to settle a deceptive trade practices lawsuit brought against the automaker. The settlement is part of an $14.7 billion nationwide agreement to resolve the nation’s largest auto scandal. Volkswagen mislead consumers by promoting diesel vehicles as “clean” even though the […]

Judge issues injunction against overtime pay change

Because of cours he did. Millions of low-paid supervisors would have become eligible for overtime pay next week, but a federal judge in Texas blocked that path late Tuesday afternoon, ruling that Congress intended duties, not wages, to determine eligibility for overtime and minimum wage. U.S. District Judge Amos L. Mazzant, sitting in Sherman, issued […]

Off to trial for Paxton

No more appeals, so a trial is in the works. Lawyers for Texas Attorney General Ken Paxton are no longer asking to have a state securities fraud case against him dismissed, moving him closer to a trial on the criminal charges. Paxton’s legal team confirmed Tuesday that it was getting ready for a trial, five […]

Texas gets VW lawsuit settlement money

Not bad. Texas will receive more than $190 million for environmental mitigation under a multibillion-dollar settlement in the Volkswagen emissions cheating scandal approved by a federal judge in San Francisco on Tuesday. Volkswagen buyers will have the option of buybacks or repairs. U.S. District Judge Charles Breyer authorized the $15 billion agreement, which was first […]

Feds to appeal transgender bathroom directive

Good. The U.S. Department of Justice (DOJ) plans to appeal a Texas judge’s injunctionbarring the Obama administration from implementing guidelines aimed at protecting transgender students against discrimination. DOJ attorneys announced in court documents Friday that they’ll file formal notice that they’re appealing the injunction to the 5th U.S. Circuit Court of Appeals on or before […]

Paxton sues Brownsville over bag fee

Of course he does. Texas Attorney General Ken Paxton is wading into another fight over local control; this one about plastic bags at grocery stores. The Republican on Wednesday sued the city of Brownsville over its $1 per-bag fee, started in 2011 to cut down on waste, calling it an “illegal sales tax.” “Clearly, Brownsville […]

Early eminent domain dispute for Texas Central

It was over before it started. Lawyers for a proposed high-speed rail line between Houston and Dallas withdrew their request for entry to a local landowner’s property, after opponents and the landowner opposed it in front of a Harris County judge, according to opponents of the project. “It is a great day for the vindication […]

State files inevitable voter ID appeal to SCOTUS

As expected. Texas wants to take its voter identification battle to the U.S. Supreme Court. Texas Attorney General Ken Paxton on Friday asked the justices to hear his arguments about why the state’s photo ID requirements for voting do not discriminate against Hispanics and African-American voters. “Safeguarding the integrity of our elections is essential to […]

ACLU intervenes in transgender health care suit

Good for them. The ACLU and ACLU of Texas are getting involved in a lawsuit over a regulation in the Affordable Care Act. In August, Texas filed a lawsuit against federal regulations that prohibit healthcare discrimination against people who are transgender. The lawsuit was announced by the Becket Fund for Religious Liberty, representing the Franciscan […]

Texas versus the feds, Overtime Pay Edition

Hey, look, it’s another lawsuit filed by Texas against something the Obama administration did that our AG doesn’t like. Texas is helping lead a lawsuit against President Barack Obama’s administration over a new rule that makes millions of more workers eligible for overtime pay. Attorney General Ken Paxton announced Tuesday he is joining his counterpart […]

Texas v. the Feds: Telemedicine edition

Here’s a new one. Teladoc, the Dallas-based company that sued Texas over its telemedicine regulations, has a new ally in the Federal Trade Commission. In a letter sent to the U.S. 5th Circuit Court late Friday, the federal antitrust agency sided with Teladoc in the company’s legal battle, criticizing the Texas Medical Board for allegedly […]

Hearing on voter ID outreach set for Monday

Once more into the breech, to see if the state needs to get slapped down again. Texas officials will be back in federal court next week to defend the state’s voter ID law, this time against accusations that they have failed to comply with judge-ordered changes for the November election. Monday’s hearing comes at the […]

State accused of misleading on voter ID education outreach

I know, I’m as shocked as you are. The federal government is accusing Texas of circulating “inaccurate or misleading information” to poll workers and would-be voters about relaxed identification requirements for the November elections. “Limited funds are being spent on inaccurate materials,” the U.S. Department of Justice wrote in a legal filing Tuesday. The filing […]

Paxton encourages schools to discriminate against transgender students

From the ACLU of Texas: [Friday], the ACLU of Texas issued a letter to Texas school districts outlining their ongoing legal responsibility to provide transgender students access to educational opportunities and school facilities on the same basis as all other students. Yesterday, the State of Texas issued its own “guidance” letter to Texas schools regarding […]

How is the state going to do its voter ID education outreach?

You don’t need to know. Texas will spend $2.5 million to spread the word about changes to the state’s voter ID law before the November election, but will not release details of how that money will be spent. More than half of that taxpayer money will be spent on advertising, but officials will not say […]

Paxton says he will meet with transgender child’s family

It’s a start, I guess. Attorney General Ken Paxton has pledged to meet with the Denton family of a transgender boy, even as his office continues its legal fight against federal school bathroom guidelines that the family supports. Paxton was asked Monday by KXAS-TV (NBC5) if he would take up the Briggle family — including […]

Microbreweries win their distribution rights lawsuit

Excellent news. A Texas law that prohibits brewers from selling territorial rights to distribute their beer is unconstitutional, a judge ruled Thursday, serving up a major victory to beer companies seeking to expand their presence in stores, bars and restaurants throughout the state. The decision says the government has no compelling interest in prohibiting brewers […]

Voter fraud: Still a myth

Just a reminder, in case you needed one. Politicians and voting rights advocates continue to clash over whether photo ID and other voting requirements are needed to prevent voter fraud, but a News21 analysis and recent court rulings show little evidence that such fraud is widespread. A News21 analysis four years ago of 2,068 alleged […]

Schedule set for voter ID discrimination arguments

The next phase of the voter ID litigation will begin shortly after Election Day. A federal judge has scheduled oral arguments for Jan. 24 to determine if the Texas Legislature approved a voter ID law in 2011 with the intent to discriminate against minorities. The U.S. 5th Circuit Court of Appeals ruled last month that […]

When is Texas going to file that voter ID appeal?

The Lone Star Project would like to know. Last week, Texas AG Ken Paxton made a big show in the press by announcing that he would file an appeal with the U.S. Supreme Court challenging the ruling of the 5th Circuit Federal Court of Appeals that the Texas voter ID law is discriminatory in violation […]

Paxton continues his war on transgender people

This is just ugly. Ramping up its fight over the rights of transgender people, Texas filed a lawsuit Tuesday against the federal government over a regulation prohibiting discrimination against transgender individuals in some health programs. Texas, on behalf of Franciscan Alliance, a religious hospital network, and four other states are claiming the new federal regulation […]

STAAR test lawsuit survives motion to dismiss

On to trial. After a group of parents sued the Texas Education Agency over the 2016 administration of STAAR exams, state lawyers argued this summer that the parents had no standing and asked the courts to drop the case. This week, the first day of school for many Texas children, Travis County District Court Judge […]

Preliminary injunction granted in transgender bathroom directive case

Ugh. A federal judge in Fort Worth has blocked Obama administration guidelines directing the nation’s public schools to allow transgender students to use bathrooms and other facilities that align with their gender identity. In a 38-page order released Sunday, U.S. District Court Judge Reed O’Connor said the “status quo” should remain in place nationwide until […]

No injunction for campus carry

So much for that. A federal judge has denied three University of Texas at Austin professors’ initial attempt to keep guns out of their classrooms under the state’s campus carry law. U.S. District Judge Lee Yeakel ruled that the professors, who had sought a preliminary injunction to block implementation of the law, had failed to […]

State sues Alabama-Coushatta tribe over casino

Here we go again. A new legal salvo was fired this week in the state’s long-running battle against Indian gambling with a filing in federal court that seeks to close the gaming hall on the Alabama-Coushatta Reservation. A motion for contempt and injunctive relief was filed Monday by Attorney General Ken Paxton, claiming that the […]