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Posts Tagged ‘Fifth Circuit Court of Appeals’

Same sex marriage will have to wait for the Fifth Circuit

Bummer. A federal judge has refused to permit immediate same-sex marriages in Texas, saying he expects they will be allowed some day but he doesn’t want to act precipitously. U.S. District Judge Orlando Garcia on Friday rebuffed a request by same-sex couples Mark Phariss and Victor Holmes of Plano and Cleopatra De Leon and Nicole […]

Voter ID plaintiffs want Fith Circuit to get on with it

Some more unfinished business for the courts. Some plaintiffs challenging Texas’ voter ID law want a federal appeals court to speed up its consideration of the case, looking to sort it out before the next wave of elections in the state. In a court document filed Wednesday, the plaintiffs note that 5th U.S. Circuit Court […]

Abbott responds to motion to lift same-sex marriage ruling

He’s against it. Try not to be surprised. Texas officials want a federal judge to uphold the state’s same-sex marriage ban, calling a request by gay couples to be allowed to immediately marry “untimely” and “out of order.” “The plaintiffs offer no explanation for why they waited so long to file their motion,”Attorney General Greg […]

Fifth Circuit sets their schedule

Mark your calendars. The Fifth Circuit Court of Appeals will hear oral arguments about the constitutionality of Texas’ tough new abortion restrictions on Jan. 7. The law passed in 2013, known as House Bill 2, banned abortions after 20 weeks of pregnancy, placed heavy new restrictions on clinics and doctors who perform the procedure and […]

Texas same-sex marriage plaintiffs ask for stay to be lifted

I wish them luck. Two same-sex couples have asked U.S. District Judge Orlando Garcia of San Antonio to allow gay marriages to begin taking place immediately in Texas. On Monday, couples Mark Phariss and Victor Holmes of Plano and Nicole Dimetman and Cleopatra De Leon asked Garcia to lift a stay he imposed this winter […]

Texas For Marriage

This. Law enforcement officials, state legislators, faith leaders and a great-grandmother are among those lending their voices to a new campaign to bring marriage equality to Texas. The national group Freedom to Marry plans to spend $200,000 on the campaign launched Tuesday, in advance of oral arguments before the 5th U.S. Circuit Court of Appeals […]

Fifth Circuit to hear HB2 appeal in January

Gird your loins. A federal appeals court has scheduled oral arguments about the constitutionality of Texas’ tough new abortion law for the first week of January, setting up a rapid timeline that may accelerate the case’s expected trip to the U.S. Supreme Court. Solicitor General Jonathan Mitchell and lawyers representing abortion providers are planning to […]

Sixth Circuit stands up for inequality

It was bound to happen eventually. Remember the big no-decision decision the Supreme Court issued on same-sex marriage just a month ago? The justices were asked — in five separate cases no less — to weigh in on whether same-sex couples have a constitutional right to marriage. The Supreme Court demurred on the question, which […]

UT/Trib poll says Texans would be fine with same sex marriage

A result of interest from the most recent UT/Trib poll: Registered Texas voters narrowly oppose same-sex marriage, but a large majority is open to allowing either marriage or civil unions to gays and lesbians, according to the latest University of Texas/Texas Tribune Poll. Asked whether those couples should be allowed to marry, 42 percent say […]

The Fifth Circuit is in no hurry to rule on same sex marriage

Such a show of courage on their part. The Fifth Circuit Court of Appeals tentatively has scheduled oral arguments in the Texas and Louisiana gay marriage cases for early January, disappointing local advocates and possibly delaying until 2016 a hearing by the U.S. Supreme Court. Texas gay marriage advocates were disappointed with the Monday announcement. […]

The larger issue on voter ID

The Trib reminds us that there are bigger questions that remain to be answered in the voter ID litigation. The litigation on the state’s voting district maps for legislative and congressional elections is still underway, and the treatment of minority voters and their ability to elect the candidates they choose is at the center of […]

On Greg Abbott and who gets to get married

As you may have heard, Peggy Fikac got to ask Greg Abbott the obvious question about how exactly the state’s law against same-sex marriage, which Abbott is diligently defending in court, differs from the old laws that once banned interracial marriage, and would he have defended those as well since he claims he’s just doing […]

SCOTUS declines to intervene on voter ID

Unfortunate. The Supreme Court said Saturday that Texas can use its controversial new voter identification law for the November election. A majority of the justices rejected an emergency request from the Justice Department and civil rights groups to prohibit the state from requiring voters to produce certain forms of photo identification in order to cast […]

Voter ID plaintiffs turn to SCOTUS

Last train, y’all. Texas plaintiffs on Wednesday asked the U.S. Supreme Court to block the state’s voter photo ID law in November’s election. “The facts of this case, including record evidence, show that significantly more voter confusion will result from granting the stay (and thus enforcing Texas’s Senate Bill 14) than would result from reinstating […]

The courts giveth, and the courts taketh away

As expected, the Fifth Circuit lifts the stay on the district court’s voter ID ruling, paving the way (for now) for it to be enforced in November. Texas should require photo voter identification in this year’s general election, the 5th U.S. Circuit Court of Appeals ruled Tuesday, overturning an earlier ruling by a federal district […]

Abbott’s appellate response brief is the same old junk

Pathetic. Attorney General Greg Abbott says Texas’ same-sex marriage ban should remain in place because legalizing it would do little or nothing to encourage heterosexual couples to get married and have children. Writing in a brief filed to the 5th U.S. Circuit Court of Appeals on Friday, Abbott said the state was not obligated to […]

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 […]

More on the voter ID ruling

As always with big court cases, the first question is who benefits politically from the decision? With a federal judge having declared Texas’ voter ID unconstitutional, Democrats and political experts on Friday predicted the surprise decision potentially could help Wendy Davis in the upcoming Nov. 4 general election. Republicans blasted the decision but said they […]

Court strikes down Texas voter ID law

Boom. Less than two weeks before the start of early voting, a federal judge ruled the state’s photo voter ID law unconstitutional late Thursday and ordered state officials to drop the new requirements. “The Court holds that SB 14 creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics […]

HB2 plaintiffs ask SCOTUS for review

Be careful what you ask for. After a federal appeals court ruled that the state could temporarily enforce new requirements for abortion facilities, Texas abortion providers are looking to the U.S. Supreme Court. On Monday, attorneys for the abortion providers challenging the state’s House Bill 2 filed an emergency application asking the Supreme Court to […]

Other AGs for same sex marriage

Wouldn’t it be nice to have someone like one of these 15 Attorneys General representing Texas? A majority of the states that have legalized same-sex marriage are throwing their support behind two couples fighting Texas’ ban, arguing their own experiences show only positive effects from expanding the right to gays and lesbians. [Last] Monday, the […]

Texas same sex marriage plaintiffs want the get oral arguments scheduled

They would like to get on with their lives, if it’s not too much trouble to Greg Abbott and the Fifth Circuit. Austin lawyer Nicole Dimetman is pregnant and expects to give birth for the first time on March 15, lawyers trying to overturn Texas’ gay-marriage ban announced Sunday. “The need for justice and equality […]

HB2 is about overturning Roe v Wade

A cheery thought from Think Progress. Nevertheless, the single most ominous paragraph of the opinion, at least for people who care about reproductive freedom, is this one: Plaintiffs argue that the district court’s balancing approach is used by other circuits. We agree with Plaintiffs that some circuits have used the balancing test to enjoin abortion […]

Voter ID trial concludes

Now we wait for the judge. Texas’ voter ID law is discriminatory because it was designed to thwart emerging minority voting power in the state and should be dropped, attorneys for the law’s opponents said in closing arguments in a federal court on Monday. U.S. Department of Justice attorney Richard Dellheim repeated plaintiffs’ claims made […]

Law enforcement for same sex marriage

Bravo, y’all. The Democratic sheriffs of Texas’ two most populous counties have signed on with more than 60 other Texas law enforcement officials and first responders saying the state’s ban on same sex marriage not only disrespects but endangers front-line public safety officers. Dallas County Sheriff Lupe Valdez and Harris County Sheriff Adrian Garcia lent […]

Fifth Circuit hears HB2 arguments

As always with anything that involves the Fifth Circuit, pessimism is called for. Federal appeals court judges who got their first look at the latest challenge to Texas’ tough new abortion law Friday appeared to show support for the law but some reluctance to immediately allow it to be enforced as the legal fight over […]

Plaintiffs respond to Abbott’s brief in same sex marriage appeal

They give it the respect it deserves. Lawyers for two same-sex couples who are trying to overturn Texas’ gay marriage ban said Tuesday that the state’s attempt to defend its prohibition has defied both logic and a stream of recent judicial rulings. “As numerous courts already concluded, no conceivable basis exists to deny same-sex couples […]

Louisiana breaks the streak

One in every crowd, I guess. A federal judge [in New Orleans] upheld the state’s ban on same-sex marriage on Wednesday, going against what had been a unanimous trend of federal court decisions striking down such bans since the Supreme Court ruled on the matter last year. In his ruling, Judge Martin L. C. Feldman […]

Fifth Circuit will hear HB2 enforcement arguments next Friday

The temporary reprieve will last at least one more week. Texas abortion providers’ next hurdle in their legal fight against strict abortion regulations is set for next week in a hearing scheduled for federal court. State attorneys and lawyers representing a coalition of abortion providers will face off on Sept. 12 in New Orleans, where […]

Abbott appeals HB2 ruling

As expected. As expected, Republican Attorney General Greg Abbott filed an appeal to the 5th Circuit Court Sunday to overturn a recent federal court ruling that found parts of Texas’ abortion law, House Bill 2, unconstitutional. Abortion providers filed suit over a regulation, that was set to take effect today (Sept. 1) that would mandate […]

Ambulatory surgical center requirements of HB2 struck down

A last minute reprieve, though who knows for how long. A federal judge on Friday struck down new requirements for Texas abortion facilities — a decision that could have shuttered all but a few abortion clinics in the state. The standards were set to go into effect Monday. The lawsuit was brought by the Center […]

SCOTUS halts Virginia same-sex marriages for now

Everyone’s waiting for them to tackle the bigger question. The Supreme Court on Wednesday stopped Virginia officials from issuing marriage licenses to same-sex couples, putting on hold a lower court ruling that said the unions could start on Thursday. The court stayed a decision by a panel of the U.S. Court of Appeals for the […]

Latest HB2 trial wraps up

And so we await a ruling, followed by whatever the Fifth Circuit will pull out of its posterior. Stefanie Toti, representing the Center for Reproductive Rights, said the requirements imposed by the ambulatory surgical center rules single out abortion providers, as three-fourths of other ASCs in the state are exempt from the costly building code […]

The case against tossing the HERO repeal petitions

Jerad Najvar makes a constitutional argument that the city of Houston should have accepted the HERO repeal petitions even though many of the petition pages fell short of the requirements laid out in the city charter. While we lack clarity as to exact numbers, it appears that given a blatant constitutional infirmity with part of […]