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Posts Tagged ‘DC Circuit Court of Appeals’

Clean Power Plan’s day in the DC court

We’ll see how it goes. Dozens of lawyers from the government, industry and public interest groups packed the US Court of Appeals for the DC Circuit, to hear the divisive case that comes just weeks before a heated presidential election and illustrates how a President’s picks for the lower court might impact his own agenda. […]

Back to court for the Clean Power Plan

Here we go. One of the late Justice Antonin Scalia’s final acts on Earth may have been to doom it. Last February, on the final Tuesday of Scalia’s life, the Supreme Court handed down a 5–4 decision suspending the Obama administration’s Clean Power Plan. It was a surprising development — a lower court panel that included a […]

Full DC Circuit Court to review Clean Power Plan

From ThinkProgress, an update on yet another federal lawsuit involving Texas. The Clean Power Plan will get its day in court, but in September, not June — and by the full en banc D.C. Circuit Court of Appeals, not the court’s normal three-judge panel that was scheduled to hear it in just over two weeks. […]

SCOTUS puts Clean Power Plan on hold

And in doubt. In a major setback for President Obama’s climate change agenda, the Supreme Court on Tuesday temporarily blocked the administration’s effort to combat global warming by regulating emissions from coal-fired power plants. The brief order was not the last word on the case, which is most likely to return to the Supreme Court […]

Clean Power Plan can proceed for now

Good. A federal appeals court has denied a request from Texas and other states to block President Obama’s Clean Power Plan, leaving the controversial climate change rules in place as a legal challenge winds through the courts. The U.S. Court of Appeals for the District of Columbia wrote Thursday that the states — joined by […]

State ordered to pay fees in redistricting litigation

They don’t seem to be interested in doing that, however. In a scolding tone, a federal appeals court panel in Washington, D.C., ordered the state of Texas on Tuesday to pay more than $1 million in attorneys’ fees in a case challenging district boundaries drawn by the Republican-led Legislature. First under the direction of then-Texas […]

Split decision on cross-state air pollution rule

Not too bad, actually. Texas’ Republican leaders and environmentalists are both claiming victory Tuesday following an appeals court ruling that requires the federal government to ease limits on certain emissions for Texas and a dozen other states. The U.S. Court of Appeals for the D.C. Circuit on Tuesday ordered the Environmental Protection Agency to revisit […]

Once again to SCOTUS for Texas and the EPA

Plus ca change, and all that. Texas again went head-to-head with the Environmental Protection Agency before the U.S. Supreme Court on Wednesday, this time challenging federal limits on the emission of pollutants like mercury, acid gases and other toxic metals from power plants. Joined by 20 other states, Texas is arguing that the EPA didn’t […]

Voter ID plaintiffs ask for no stay

They’ve filed their response to the Fifth Circuit. Attorneys challenging Texas’ voter ID law — which was struck down by a federal judge on Thursday — asked a federal appeals court on Sunday not to allow the state to enforce the law. In a brief filed with the U.S. 5th Circuit of Appeals, lawyers for […]

Court rules for the EPA against Texas again

Another win for the environment. A federal appeals court on Tuesday upheld the Obama administration’s new rules that for the first time limit emissions of mercury and other harmful pollutants from coal- and oil-fired power plants. In a split decision, the U.S. Court of Appeals for the District of Columbia Circuit rejected a Texas-based challenge […]

Redistricting and voter ID lawsuit updates

From Texas Redistricting, a typically thorough look at where things stand with redistricting and voter ID litigation in the three courts – San Antonio, where the redistricting litigation has been ongoing and is likely due for some action; Corpus Christi, where the recent voter ID lawsuits were filed and now stand, likely pending consolidation; and […]

Texas loses another lawsuit against the EPA

Getting to be a habit. A federal appeals court on Friday rejected a legal challenge by Texas and Wyoming to the U.S. Environmental Protection Agency’s efforts to curb greenhouse gas emissions. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, in a 2-1 vote, said the states and various […]

Abbott asks for the interim maps

Very interesting. The recently dormant Texas redistricting issue woke up Thursday with a disagreement between the state’s attorney general and a Latino legislators’ group. Texas Attorney General Greg Abbott has called on the Legislature to make the current — and interim — redistricting maps permanent. Abbott’s letter to Texas House Speaker Joe Straus — which […]

Is there more redistricting for Texas in the cards?

The short answer is it depends. For the most part, Republicans are content to keep the interim map used for the 2012 elections — if the courts allow it. “I don’t sense a lot of anxiousness from either the state or congressional side to open back up congressional redistricting,” said Chris Perkins, a GOP pollster […]

Parties split on waiting for SCOTUS

Texas Redistricting: Lawyers for the Justice Department and intervenors in the Texas voter ID case told the court yesterday that the court should put off consideration of Texas’ claim that section 5 of the Voting Rights Act is unconstitutional until the Supreme Court decides the pending Shelby County v. Holder case next year. That case involves a […]

Federal court denies preclearance on all redistricting maps

The long-awaited ruling in the preclearance lawsuit by the DC Court

That other big lawsuit

In case you missed it, there was another big ruling last week that will have a profound effect on Texas. A federal appeals court Tuesday upheld a finding by the Environmental Protection Agency that greenhouse gases pose a public health threat and require potentially costly limits from vehicles, power plants and other industrial sources. In […]

Bench slaps come in threes

In addition to the tongue lashing they got from the DC Court in the voter ID preclearance trial, the Greg Abbott gang took fire from judges in two other cases recently. Trail Blazers has the highlights. First, some incredulity from the Court of Criminal Appeals: Last Wednesday, Solicitor General Jonathan Mitchell tried to convince the […]

Voter ID trial likely to be delayed

And if it is, it’s all the fault of the State of Texas. In another blow to advocates of Texas’ voter ID law, a federal district court ruled today that the law will likely not be in place by the November general election unless the state turns over requested documents by Wednesday. […] Late last […]

Delay in voter ID trial requested

From Michael Li: Intervenors in the Texas voter ID case asked the court today to delay the scheduled July 9 start of trial in the case, citing discovery delays by the State of Texas.  The intervenors said the delays had already put the parties at least five weeks behind schedule. According to the motion: From […]

Texas continues its fight against clean air

The state of Texas was back in court last week, arguing for its right to pollute other states’ air. The latest round in the state’s fight with the Environmental Protection Agency will be heard by the U.S. Court of Appeals for the District of Columbia, often considered the nation’s most influential after the Supreme Court. […]

Who testifies about voter ID?

That was the question before the federal court on Tuesday. U.S. Justice Department lawyers told a federal three-judge panel Tuesday that Texas legislators should not be shielded from testifying in a voter ID case. But lawyers for state Attorney General Greg Abbott said deposing statehouse Republicans to determine legislative intent of the new photo ID […]

Voter ID lawsuit action this week

Tomorrow, the DC Court will hear “oral argument on the State of Texas’ request to block the depositions of 12 Republican legislators who were involved with the voter ID bill, including State Sen. Dan Patrick and state representatives Debbie Riddle and Leo Berman as well as Speaker Joe Straus”. The motion also sought to bar […]

The numbers in the “deal”

As I start to type this I have no idea if the “deal” that was announced earlier today will be in effect or on the trash heap. I think it’s instructive to look at the numbers in the proposed maps anyway, since they give a good idea of how much the state was willing to […]

Redistricting settlement deal looking unlikely

Late last week we heard about the possibility of a settlement agreement in the San Antonio redistricting case that would allow for the creation of interim maps in time to keep the April 3 primary date. The court gave this Friday as a drop dead date for getting that done. As of today, it’s looking […]

Meet the voter ID three judge panel

As you know, the state of Texas has filed a lawsuit in the DC District Federal Court – the same court that is hearing the preclearance lawsuit – to get the odious voter ID law precleared. Michael Li introduces us to the judges that will be hearing this case. Texas’ suit over its voter ID […]

Texas files suit to preclear voter ID

They’re a mighty busy bunch at the OAG these days. The Texas attorney general’s office today filed suit against U.S. Attorney General Eric Holder and the Department of Justice to have the state’s controversial voter ID law implemented without further delay. The law, Senate Bill 14 by state Sen. Troy Fraser, R-Horseshoe Bay, was scheduled […]

Trying to save the April 3 primary date

The race is on to get new maps in hand in time to keep the April 3 primary date, since all the options for after that date are distinctly unpalatable in one way or another. On Friday, the State of Texas asked the San Antonio court to get its work done by January 30. The […]

SCOTUS issues ruling on redistricting

As you’ve undoubtedly heard by now, the Supreme Court has officially thrown out the interim maps that were drawn by the San Antonio court, in a unanimous decision handed down this morning. What does this mean? I’m going to start with Adam B at Daily Kos: Let’s take a step back: Texas’ legislature drew a […]

DC preclearance trial, Day One

While we wait for the Supreme Court to give us some indication of what happens next with our elections – they did not issue an opinion this week – the preclearance trial at the DC federal court got underway. State Rep. Todd Hunter, R-Corpus Christi, testified that hearings were held statewide to allow input from […]

Reports from SCOTUS redistricting arguments

There’s almost too much information to parse on the legal arguments made before the Supreme Court over the Texas redistricting maps. Let’s start with The Hill: The Supreme Court justices grappled to find a way to resolve a messy Texas redistricting case during oral arguments Monday morning, presenting then knocking down a variety of small-bore […]

D.C. panel issues decision defining preclearance standards

From Michael Li: Late Thursday evening, the D.C. panel issued its long-awaited opinion defining the standards for preclearance under section 5 of the Voting Rights Act and further explaining why the court had earlier rejected the State of Texas’ request for summary judgment. The opinion, authored by Judge Rosemary Collyer, was unanimous. Initial reaction from […]

DC court sets date for preclearance trial, primary dates still up in the air

Via email from the Lone Star Project: [Monday], a three-judge panel of the District of Columbia Federal District Court set January 17, 2012 through January 26, 2012 as the trial dates to formally review the Congressional, State House and State Senate plans enacted by the Texas Republican leadership this summer. The DC Court will review […]

Still waiting on SCOTUS

Responses to the State of Texas’ stay request for State House and State Senate elections were due Thursday. Responses to the stay request for Congressional elections, which was filed Wednesday, are due this morning. It’s not clear when SCOTUS will rule on the requests. We’ve now had a full week of candidate filing, with ten […]