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Posts Tagged ‘Fifth Circuit Court of Appeals’

Voter ID’s day before the full Fifth Circuit

Here we go again. A top lawyer for Texas fiercely defended the state’s strictest-in-the-nation voter identification law on Tuesday, in a high-profile case that could ultimately determine at what point states that assert that they are protecting the integrity of elections cross over into disenfranchisement. Standing before all 15 members of the U.S. 5th Circuit […]

Judge Hanen’s bizarre order

WTF? A federal judge with a history of anti-immigrant sentiment ordered the federal government to turn over the names, addresses and “all available contact information” of over 100,000 immigrants living within the United States. He does so in a strange order that quotes extensively from movie scripts and that alleges a conspiracy of attorneys “somewhere […]

SCOTUS punts on birth control lawsuit

Wow. Zubik v. Burwell was supposed to be an epic showdown over the power of religious objectors to limit the rights of others. A sequel to the Court’s 2014 decision in Burwell v. Hobby Lobby, Zubik involved regulations expanding women’s access to birth control that the conservative justices appeared to endorse in Hobby Lobby — even […]

Republican attorneys general file briefs in support of Texas’ voter ID law

Birds of a feather. Fifteen Republican-controlled states are wading into the contentious court fight over Texas’ voter ID law, arguing in a legal brief that similar laws around the country have already been upheld by the courts. […] Ahead of oral arguments [this] month, Indiana Attorney General Greg Zoeller is leading a coalition of GOP […]

Meyers’ voter ID lawsuit gets appellate hearing

I hope he gets to keep it going. [Court of Criminal Appeals Justice Lawrence] Meyers filed his state lawsuit in October 2014, while another legal challenge to the state’s voter ID law was pending in federal court in Corpus Christi. A federal judge overturned the law, but it has remained in effect during the state’s […]

SCOTUS declines to intervene in voter ID case for now

Not what I would have wanted, but not the end of the line. Even as a federal appeals court prepares to review the constitutionality of Texas’ controversial voter ID law, the law will remain in effect, the U.S. Supreme Court said in an order Friday. However, noting the time-sensitive nature of the case as the […]

Texas-filed birther lawsuit against Ted Cruz dismissed

No surprise. A Houston federal judge tossed out a lawsuit Wednesday that challenged Texas Sen. Ted Cruz’s eligibility to run for president. U.S. District Judge Gray H. Miller dismissed the suit with prejudice, meaning that Houston lawyer Boris Schwartz cannot file the suit again. He found that Schwartz, as a citizen and taxpayer in Texas, […]

Tesla takes its auto dealership fight nationwide

There’s more than one way to get into a market. Tesla Motors Inc. hopes to capture mainstream auto buyers with its Model 3, an electric car it [recently unveiled] at a price about the same as the average gasoline-powered vehicle, but it may need a federal court ruling to succeed. The Palo Alto, Calif., auto […]

Texas AG files SCOTUS brief against Obama immigration plan

It’s what he does. Texas Attorney General Ken Paxton filed a brief with the U.S. Supreme Court Monday arguing against President Barack Obama’s plan to shield from deportation nearly 5 million people here illegally and give them temporary work permits. “The Obama Administration has consistently demonstrated disregard for the rule of law in asserting that […]

Can SCOTUS please intervene in the voter ID case?

The plaintiffs would like to know. Civil rights groups challenging Texas’ voter identification law are asking the U.S. Supreme Court to block the measure from being used during the 2016 general election. […] The civil rights groups filed a motion Friday with the Supreme Court asking it to vacate a Fifth Circuit ruling that has […]

Once more with SCOTUS and birth control

Here we go. In another major case concerning Texas women’s reproductive care, the U.S. Supreme Court on Wednesday will consider if the right to religious freedom is broad enough to completely exempt nonprofits with religious objections to birth control from providing women access to it through their insurance plans. The case, formally known as Zubik […]

Full Fifth Circuit will hear voter ID appeal

Here we go again. The full U.S. 5th Circuit Court of Appeals agreed to take up the Texas voter ID case Wednesday, adding another chapter to the law’s convoluted journey through the federal court system. The decision to hear the case, Veasey v. Abbott, en banc comes more than six months after Texas Attorney General […]

Turner files amicus brief for Obama’s immigration executive action

Good. The city of Houston has added its voice to a friend of the court brief in the looming U.S. Supreme Court showdown over President Obama’s late-2014 executive actions on immigration, Mayor Sylvester Turner said Tuesday. Calling the president’s decisions “common sense and humane,” Turner urged the court to overturn lower court injunctions that have […]

SCOTUS also blocks Louisiana anti-abortion law for now

Forgot to note this over the weekend. The Supreme Court handed down a brief order Friday allowing four Louisiana abortion clinics to reopen after they were closed due to a recent decision by a conservative federal appeals court. Last week, an especially conservative panel of the United States Court of Appeals for the Fifth Circuit […]

If you don’t have ID, you probably can’t get it

Just another reminder that our voter ID law sucks. At the time, civil rights groups and Democrats pointed out that hundreds of thousands of Texans lacked a driver license or other government-sanctioned forms of photo ID, and that cost and access could be a barrier to acquiring them. In one of the few concessions to […]

Texas files another lawsuit against the EPA

Haven’t we seen this movie before? In the state’s first lawsuit against the U.S. Environmental Protection Agency in 2016, Texas is suing the agency for rejecting parts of a seven-year-old state proposal to reduce haze in wilderness areas. The EPA rejected portions of the plan in January, citing concerns that it did not adequately address […]

SCOTUS to hear HB2 oral arguments

It’s the big one. Before Wendy Davis took to the floor of the Texas Senate for an 11-hour filibuster that ultimately failed to stop sweeping new restrictions on abortion, there was Casey. Shorthand for Planned Parenthood v. Casey, the 1992 U.S. Supreme Court case reaffirmed a woman’s right to an abortion but gave states more […]

The Scalia effect on current cases

The Trib highlights a few cases pending before the Supreme Court that could be affected by the death of Justice Antonin Scalia. Texas abortion law On March 2, the court will hear oral arguments in Whole Woman’s Health v. Hellerstedt, which challenges Texas’ 2013 abortion law. Beyond deciding the constitutionality of a law that could […]

Oral arguments in “one man, one vote” case today

High stakes, indeed. The U.S. Supreme Court will hear oral arguments Tuesday in a case that could have far-reaching implications for the way legislative districts in Texas — and across the country — are drawn. A coalition of Texas legislators, mostly Democrats, fears that if voters suing the state succeed, minority communities will have significantly […]

Feds respond to request for delay of immigration appeal

Counterpoint: It was the federal government’s move Tuesday, and the U.S. Department of Justice asked the court to reject Texas’ request for a 30-day extension to file its brief in the case, but says it is open to an eight-day delay if the response is “physically on file” at that time. A full delay could […]

State wants delay on immigration appeal

Of course it does. The Texas Attorney General’s office is asking the U.S. Supreme Court for an extra 30 days to respond to the Obama Administration’s appeal of lower court rulings that have blocked controversial changes in immigration enforcement. The move could affect the timing of a final decision on the program, known as Deferred […]

Obama appeals immigration order ruling to SCOTUS

As expected. The Obama administration on Friday asked the United States Supreme Court to review a federal appellate court’s ruling that struck down the president’s controversial immigration program. The request comes exactly one year after the program, called Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, was announced by the president. […]

SCOTUS to hear HB2 appeal

Gird your loins. Setting up what could be a landmark decision, the U.S. Supreme Court on Friday agreed to take up a legal challenge to Texas’ 2013 abortion law, which could shut down about half of the state’s 19 remaining abortion clinics. The restrictions, passed as part of House Bill 2, would require that Texas […]

Fifth Circuit denies Obama immigration executive order appeal

Alas. A three-judge panel of the U.S. 5th Circuit Court of Appeals has once again ruled against the Obama administration’s controversial immigration program, upholding a lower court’s injunction barring the plan from taking effect while awaiting the outcome of a full trial on the lawsuit’s underlying arguments. The policy, called Deferred Action for Parents of […]

Full Fifth circuit denies HBU in contraception lawsuit

Still no joy for them. A federal appeals court will not reconsider its ruling, delivered in June, that the Affordable Care Act’s contraceptive rules do not violate the religious freedom of church-based organizations in Texas. The religious organizations, including two Catholic dioceses and the University of Dallas, had asked the full 5th U.S. Circuit Court […]

State asks SCOTUS to not take up HB2 appeal

They win by default that way, so why would they want to have to take their chances? Texas attorney general Ken Paxton on Monday asked the U.S. Supreme Court to turn away a legal challenge to the state’s abortion restrictions filed by a coalition of abortion providers. The abortion providers appealed to the high court […]

$8 million and counting for voter ID litigation

Ka-ching. Republicans used their majority in 2011 to muscle through the Legislature a controversial voter ID law and new redistricting maps — and Texas taxpayers haven’t stopped picking up the bill for the state to defend those measures in courts ever since. Texas’ total legal tab to date: more than $8 million, data obtained under […]

The stakes in the voter ID appeal

Rick Hasen lays it out. Don’t worry, Chief Justice John Roberts assured the American public in that 2013 case, Shelby County v. Holder. Although states with a history of racial discrimination would no longer be subject to federal “preclearance” of voting changes because preclearance offends the “equal sovereignty” of states such as Texas, there’s always […]

Churches and recall elections

This ought to be interesting. Are Texas churches prohibited from campaigning to recall politicians? The 5th U.S. Circuit Court of Appeals [weighed] that question Thursday in a case set to clarify if and how a church as a corporate entity can influence the political process of ousting a sitting elected official. A San Antonio congregation, […]

Abortion providers go to SCOTUS

I sure hope this works out. Texas abortion providers on Wednesday asked the U.S. Supreme Court to take up their legal challenge to two provisions of the state’s strict abortion law. After losing at the appellate level, a coalition of abortion providers is asking the high court for a reprieve from restrictions passed by the […]

State asks for full Fifth Circuit review of voter ID ruling

As you’d expect them to do. Continuing to protect a voter identification law that courts say discriminates against Hispanics and African Americans, Texas Attorney General Ken Paxton has asked a full federal appeals court to hear his arguments about why the state’s requirements at the polls do not violate the Voting Rights Act. In a […]

DOJ asks to get voter ID remedy ASAP

I concur. The Obama administration and several civil rights groups are urging a federal appeals court to fast track the process of temporarily fixing Texas’ voter ID law in time for the upcoming Nov. 3 elections. In court filings Thursday, the Justice Department and civil rights groups asked the 5th U.S. Circuit Court of Appeals […]

Paxton files amicus brief in HBU contraception lawsuit

Of course he does. Female employees of religious nonprofits should not be given insurance coverage for birth control if their employers object to certain contraceptives on religious grounds, according to a brief filed at the U.S. Supreme Court by Texas Attorney General Ken Paxton. Paxton’s “friend of the court” brief was filed Monday in support […]

Voter ID may have had broader effects than we thought

Interesting. Texas’ strict voter identification requirements kept many would-be voters in a Hispanic-majority congressional district from going to the polls last November — including many who had proper IDs — a new survey shows. And the state’s voter ID law – coupled with lackluster voter education efforts – might have shaped the outcome of a […]