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Posts Tagged ‘Fifth Circuit Court of Appeals’

Good riddance to a bad judge

Meet federal district judge Walter Smith. Now say a long overdue goodbye to him. One of Texas’ strictest federal judges — serving a year’s ban from hearing cases after being slapped hard by a panel of appeals court judges last year — has retired amid a renewed investigation into allegations of sexual misconduct. U.S. District […]

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 […]

State appeals dismissal of anti-refugee lawsuit

Because of course it does. Texas is appealing the dismissal of its lawsuit against the federal government and a refugee resettlement agency over the placement of Syrian refugees in the state. In a notice dated Aug. 12, Texas alerted the U.S. 5th Circuit Court of Appeals that it would appeal a June decision by Dallas-based […]

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 […]

Texas to appeal voter ID ruling to SCOTUS

Sure, whatever. Texas plans to file an appeal to the U.S. Supreme Court challenging a lower court decision that found the state’s voter ID law discriminates against minorities. Attorney General Ken Paxton’s office said Tuesday it will appeal the ruling to the high court “to protect the integrity of voting in the State of Texas.” […]

Get ready for the next abortion lawsuit

Expect it in a couple of months. Texas’ proposed rules requiring the cremation or burial of fetal remains “will almost certainly trigger costly litigation,” reproductive rights lawyers say. In a letter to the Texas Department of State Health Services, lawyers with the Center for Reproductive Rights on Monday argued that the new rules — proposed at […]

What next for voter ID?

Rick Hasen, writing in Slate: The trial court was ready to throw out the entire law, but the 5th Circuit said such a remedy went too far. The court held that when a trial court finds a law has a discriminatory effect under Section 2 of the Voting Rights Act, it has to keep as […]

Fifth Circuit affirms voter ID ruling

Made it by the deadline. Texas’ voter identification law violates the U.S. law prohibiting racial discrimination in elections, a federal appeals court ruled Wednesday. The U.S. 5th Circuit Court of Appeals affirmed previous rulings that the 2011 voter ID law — which stipulates the types of photo identification election officials can and cannot accept at […]

Can we try this again with nine Justices, please?

Can’t hurt to ask. The Obama administration on Monday asked the U.S. Supreme Court to reconsider the legality of the president’s controversial immigration enforcement plan, which stalled last month when the high court deadlocked on an appeal. The program, known as Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, was announced […]

We should hear something soon on voter ID

So says Rick Hasen: The federal challenge to Texas’s strict voter identification law is pending before the entire Fifth Circuit sitting en banc.  The Supreme Court set a soft July 20 deadline for a decision—after that the Court has invited plaintiffs to seek immediate relief for this election before the Supreme Court. There’s nothing technically […]

More on Mississippi’s anti-LGBT law and the effect in Texas

Doesn’t look like we’re going to learn anything from the Mississippi experience. Reeves’ ruling isn’t likely to deter Texas Republicans who have stated adamantly that Christians and others with sincerely held religious beliefs need extra protection when following their faith, particularly after the U.S. Supreme Court last year allowed gay marriage and the Obama administration […]

Mississippi anti-LGBT law struck down

This definitely has consequences for Texas. A federal judge stopped Mississippi’s controversial “religious freedom” law Thursday night, minutes before it was set to take effect. In a opinion that cited scripture and Mississippi’s segregationist past, U.S. District Court Judge Carlton Reeves said House Bill 1523, signed by Gov. Phil Bryant in April, was another unfortunate […]

SCOTUS punts on immigration order

Ugh. ealing a major blow to President Obama’s controversial executive immigration order, the U.S. Supreme Court announced Thursday it had failed to produce a majority opinion on the policy — meaning that the U.S. 5th Circuit Court of Appeals’ November 2015 decision rejecting the policy stands. The program had been blocked in February 2015 by […]

Hanen stays his sanctions

Good. The Texas-based judge that last year put a hold on President Obama’s executive order on immigration decided on Tuesday to also suspend a controversial punishment he had recently issued to the administration’s attorneys. U.S. District Judge Andrew Hanen asserted in May that the federal government’s attorneys intentionally misled his court during last year’s proceedings over the […]

Justice Department appeals Hanen sanctions to Fifth Circuit

Missed this over the weekend. Escalating its constitutional battle with a federal judge over the ethics of government lawyers in the major test case on presidential power over immigration, the Justice Department late Friday night asked a federal appeals court to swiftly nullify the judge’s order of sanctions.  In a massive filing of nearly four […]

Groups ask Fifth Circuit to block Judge Hanen order

Interesting. A coalition of civil and immigrant rights groups on Friday asked an appeals court to stop a federal judge’s order that requires the Obama administration to turn over the confidential information of thousands of undocumented immigrants. The filing in the U.S. 5th Circuit Court of Appeals by the National Immigration Law Center, the American […]

Justice Department asks Judge Hanen to reconsider his last order

Can’t hurt to ask, I guess. The Obama administration has asked a Brownsville-based judge to rethink an order that requires the federal government to turn over the private information of thousands of undocumented immigrants. The May 19 order from U.S. District Judge Andrew Hanen asserted that the federal government’s attorneys intentionally misled the court during […]

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 […]