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Posts Tagged ‘Fifth Circuit Court of Appeals’

The broader implications of the Pasadena voting rights lawsuit

Buried in this Trib story about the ongoing saga of Pasadena’s voting rights lawsuit is this nugget about the state getting involved. The case could reverberate beyond Pasadena’s city limits. Legal experts contend that a decision by the 5th Circuit could guide other courts around the country that are considering similar voting rights cases. The Pasadena ruling also has […]

State to help defend county bail policies

Of course it will. Texas Attorney General Ken Paxton and the top lawyers in five other states are backing Harris County in its protracted battle over money bail for poor low-level defendants, as the tally of those released on no-cash bail nears 1,000. Paxton and the lead attorneys in Arizona, Hawaii, Kansas, Louisiana and Nebraska […]

Fifth Circuit to hear AALDEF lawsuit appeal

This happens today. Amid last-minute efforts to overhaul the state’s voter identification law in light of an ongoing legal fight, the Texas Legislature gaveled out without addressing another embattled election law that’s now moving forward in federal court. The U.S. 5th Circuit Court of Appeals on Thursday will take up a legal challenge to an […]

SCOTUS will not hear Harris County bail appeal

Let this please be the end of the line. U.S. Supreme Court Justice Clarence Thomas has denied Harris County’s request to stop the release of misdemeanor inmates who can’t afford to post cash bail. The county had appealed late Tuesday to halt Chief U.S. District Judge Lee H. Rosenthal’s directive that it begin releasing some […]

Fifth Circuit reinstates bail order

Good. Harris County took the fight over its controversial bail system to the U.S. Supreme Court on Tuesday, even as county officials scrambled to plan the imminent release of dozens of misdemeanor defendants held behind bars who cannot afford to post cash bail. A federal appeals court ruling earlier Tuesday had greenlighted the release of […]

Wisconsin case undermines even the scaled back bathroom bill

Special session or not, this could be a big deal. The U.S. Court of Appeals for the Seventh Circuit likely just handed the Supreme Court a new case about a transgender student to consider. The Court’s opinion, issued Tuesday, eviscerates a Wisconsin school’s arguments for discriminating against one of its students. Ashton Whitaker (“Ash”), now […]

State appeals injunction of “fetal remains” rule

Here we go. Texas Attorney General Ken Paxton asked a federal appeals court Tuesday to overturn an Austin judge’s ruling that blocked the state from enforcing a rule requiring fetal tissue to be buried or cremated. U.S. District Judge Sam Sparks ruled in January that the regulation was vaguely worded, placing abortion clinics at risk […]

Harris County bail order halted

Very late in the day on Friday. A federal appeals court granted Harris County a last-minute reprieve Friday in a contentious civil rights lawsuit, calling a temporary halt to a judge’s order that would have altered the way cash bail is handled for hundreds of people jailed on misdemeanor charges. In an order posted after […]

Two more redistricting updates

From KUT, will we have a new Congressional map for next year? [Gerry Hebert, one of the plaintiff attorneys], says he’s hopeful there won’t be yet another election with the old maps. “The timing of the court’s decision is absolutely giving us an opportunity to get a new congressional redistricting plan for the 2018 election,” […]

Legislative maps found to have discriminatory intent

Wow. Texas lawmakers intentionally diluted the political clout of minority voters in drawing the state’s House districts, a panel of federal judges ruled Thursday. In a long-awaited ruling, the San Antonio-based judges found that lawmakers in 2011 either violated the U.S. Constitution or the Voting Rights Act by intentionally diluting the strength of minority voters […]

Attorney’s fees awarded to same sex marriage plaintiffs

Justice. Texas is on the hook for more than $600,000 in fees associated with its unsuccessful fight to defend the state’s ban on same-sex marriage. Affirming a lower court ruling on the fees, the U.S. 5th Circuit Court of Appeals this week shot down Texas Attorney General Ken Paxton’s challenge to the award amount granted […]

The status of Section 3

Lyle Denniston looks at a key aspect of the voting rights-related lawsuits in Texas. About four years after the Supreme Court took away the government’s strongest authority to protect minority voters’ rights, a backup power under the federal Voting Rights Act – weaker and harder to use – is now being threatened, just as federal […]

State wants to appeal redistricting ruling

From Texas Redistricting: The State of Texas filed a motion [Wednesday] afternoon with the three-judge panel in the Texas redistricting case, asking the panel to give the state permission to appeal the panel’s March 10 ruling on the state’s 2011 congressional plan (Plan C185) to the Fifth Circuit. Texas told the court that it sought […]

Voter ID law declared discriminatory

Again. A federal judge has ruled — for the second time — that Texas lawmakers intentionally discriminated against Latino and black voters in passing a strict voter identification law in 2011. U.S. District Judge Nelva Gonzales Ramos ruled Monday that Texas “has not met its burden” in proving that lawmakers passed the nation’s strictest photo […]

Some Texas voting rights lawsuit updates

This has been a busy week for litigation related to voting rights issues in Texas. Here are updates to some cases, all of which happened this past week. From Texas Redistricting: The three-judge panel in the Texas redistricting case has set a status conference for April 27, at 9:30 a.m. in San Antonio to discuss […]

Pasadena Council not happy with redistricting appeal

Or maybe they’re just not happy with soon-to-be-former Mayor Isbell. Either way, they showed it. In a sign of waning confidence in its legal position, the Pasadena City Council voted Tuesday to withhold payment from the law firm that’s trying to prove that the city’s redistricting plan doesn’t discriminate against Hispanics. The 7-1 vote, with […]

Voter ID 2.0 passes out of the Senate

Meh. The Texas Senate tentatively approved legislation Monday that would revamp the state’s voter identification rules, a response to court rulings that the current law discriminates against minority voters. Following more than an hour of debate, the chamber voted 21-10 to move the bill to a final vote, likely later this week. Sen. Joan Huffman’s […]

An ironic might-have-been on redistricting

From Rick Casey. The three judges who decided the case include one Democrat and two Republicans. Ironically, the decision may have gone the other way if one of the judges hadn’t been punished for joining in an earlier ruling in the case. Here’s the backstory. Judge Rodriguez, a graduate of Harvard University and the University […]

We could be at the end of the road of the Pasadena redistricting case

Mike Snyder continues his reporting on the Pasadena redistricting litigation. He notes that while the whole thing was concocted and pushed forward by current Mayor Johnny Isbel, several of the candidates to succeed Isbell are not interesting in picking up where he will leave off. Attorneys in the case say the city’s appeal is likely […]

On those “improper” votes

Let’s be clear about this. Texas election officials have acknowledged that hundreds of people were allowed to bypass the state’s toughest-in-the-nation voter ID law and improperly cast ballots in the November presidential election by signing a sworn statement instead of showing a photo ID. The chief election officers in two of the state’s largest counties […]

Pasadena won’t fight election order

The May election in Pasadena will proceed under the pre-redistricting eight-district Council map. The city of Pasadena will not fight an appellate court ruling over its election system, a decision that will allow the upcoming May council elections to proceed with eight-single member district seats, according to the lead attorney for the city in the […]

Fifth Circuit upholds Pasadena election order

Good. The Pasadena election system that a judge ruled violated the Voting Rights Act by discriminating against Hispanics cannot be used in the upcoming May council elections, a federal appeals court ruled Friday. The Fifth U.S. Circuit Court of Appeals upheld a ruling by a lower court judge ordering the city to revert to a […]

Fifth Circuit hears Pasadena redistricting appeal

This is to decide whether to lift or leave in place Judge Lee Rosenthal’s ruling that the pre-2013 all-single-member-district Council map will be in place for the May elections in Pasadena. The City of Pasadena asked for the expedited hearing before the Fifth U.S. Circuit Court of Appeals on a narrow issue – the structure […]

Interview with Jose Garza

So it’s been a busy couple of weeks for the voter ID litigation. There was the motion by the Justice Department to delay the hearing on whether the law was passed with discriminatory intent, which everyone expects is a prelude to them switching sides in the case. Then there was the decision by the Supreme […]

“Fetal remains” rule blocked

Good. U.S. District Court Judge Sam Sparks ruled Texas cannot require health providers to bury or cremate fetuses, delivering another blow to state leaders in the reproductive rights debate. On Friday afternoon, Sparks wrote in his ruling that Texas Department of State Health Services’ fetal remains burial rule’s vagueness, undue burden and potential for irreparable […]

So what will the Justice Department do with voter ID now?

We don’t know yet. Hours after President Donald Trump was inaugurated, the Department of Justice filed to postpone a hearing on the Texas Voter ID law. The request was granted. The DOJ had previously argued that the law intentionally discriminated against minority voters, but told the court it needed additional time for the new administration […]

Pasadena appellate hearing set

Mark your calendars. With deadlines looming for the upcoming May elections, a federal appeals court has agreed to hear arguments Feb. 1 in a voting rights lawsuit that overturned the Pasadena election system. The Fifth U.S. Circuit Court of Appeals will consider whether to temporarily halt the order from the Houston judge until after the […]

SCOTUS will not review voter ID ruling

For now. The Supreme Court issued orders from its January 19 conference this morning. After granting review in two cases from that conference last week, the justices did not add any new cases to their merits docket today. But there was one notable denial on today’s order list: Abbott v. Veasey, the challenge to a […]

Voter ID hearing postponed

I fear this is a portent of things to come. Within hours of Donald Trump being sworn in as president Friday, a Corpus Christi federal court postponed a scheduled hearing in the Texas Voter ID case until next month at the request of the U.S. Department of Justice. Lawyers for the Justice department asked for […]

Judge affirms Pasadena redistricting order

Back to the previous map, pending appeal. Hours after candidates began filing paperwork to run for city office, a federal judge Wednesday denied a request by Pasadena officials to delay her order that the city election be run under an 2011 election scheme to protect the rights of Latino voters. Chief U.S. District Judge Lee […]

Pasadena will appeal redistricting ruling

Not a surprise. An attorney representing the city of Pasadena said Tuesday the city will appeal a ruling that found Pasadena deliberately violated the voting rights of its Hispanic population, a move that could have immediate consequences for the city’s upcoming May elections. The attorney, C. Robert Heath, said the city disagreed with Chief U.S. […]

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 […]

Judge rules for Pasadena plaintiffs

Wow. A federal judge in Houston dealt a major blow Friday to the city of Pasadena in a closely watched voting rights case, ruling that officials deliberately diluted the clout of Hispanic voters by revising the system for electing City Council members. Chief U.S. District Judge Lee H. Rosenthal ordered Pasadena to revert to its […]

Fifth Circuit hears immigrant harboring lawsuit appeal

This time it’s the state that’s appealing a lower court ruling. A federal appeals court in New Orleans heard oral arguments Wednesday about whether a key portion of Texas’ omnibus border security bill is legal. Lawyers for the state of Texas argued that two landlords, and an immigrant services agency, who sued the state over […]