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Posts Tagged ‘Fifth Circuit Court of Appeals’

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 […]

Chris Suprun’s eventful year in voting

How weird is this? The self-described “voting addict” was an apparent casualty of the confusion amid legal wrangling over the state’s 2011 voter ID law. Now, [Texas Republican elector Chris] Suprun is calling for courts to clarify the rules once and for all. “Pick a course and run with it,” he urged U.S. District Court […]

Texas AFL-CIO wants to be the defendant in the overtime case

Because they don’t trust the feds post-January 20 to do the job for them. “We’re not saying that the Department of Labor and the Department of Justice haven’t forcefully defended the regulations [so far], but as for whether that will continue in the future, we’re starting to have serious concerns,” Yona Rozen, an assistant general […]

“Fetal remains” lawsuit filed

As expected. Today the Center for Reproductive Rights filed new litigation against the state of Texas over unconstitutional new regulations that mandate the burial or cremation of embryonic and fetal tissue that results from abortions, miscarriages, or ectopic pregnancy surgery – regardless of the woman’s personal wishes or beliefs. The politically-motivated rules are designed to […]

Fifth Circuit agrees to expedited appeal of overtime injunction

Good news and bad news. The U.S. Court of Appeals for the Fifth Circuit granted an expedited hearing for the Department of Labor in litigation over new overtime regulations. The Labor Department is seeking a hearing in its effort to overturn a trial court’s ruling halting the Obama administration’s proposed regulatory revisions that would have […]

“Fetal remains” lawsuit in the works

Get ready. Health providers and abortion clinics have less than two weeks to figure out how to comply with Texas’ new fetal remains rules — that is, if a lawsuit doesn’t halt the process first. Amy Hagstrom Miller, founder of abortion provider Whole Woman’s Health, said she is working with the Center for Reproductive Rights […]

More on the overtime rule ruling

From the NYT: Over the last two years, Federal District Court judges in the state have chipped away at Mr. Obama’s legacy by striking down or suspending no fewer than five regulations, executive orders or actions, and guidelines, including an action that would have allowed illegal immigrants who are parents of United States citizens to […]

Two more lawsuit updates

The ban on the transgender bathroom rule remains in place pending appeals. Continued lack of access in public schools to bathrooms matching transgender persons’ gender identity won’t cause them irreparable harm, a Texas federal judge has ruled. U.S. District Reed O’Connor of Wichita Falls, Texas, made that finding Sunday in ruling against two federal executive […]

So now what for voter ID?

It’s hard to say how much prospects have changed now that Donald Trump gets to appoint the ninth Supreme Court justice, but it’s fair to say that thing haven’t improved for the plaintiffs. Five years ago, Texas passed one of the strictest Voter ID laws in the country. The legal fight began immediately and has […]

Former HISD Trustee Marshall found liable in civil bribery lawsuit

Ouch. A bribery lawsuit that kept a cloud of suspicion over the Houston school district for six years ended Wednesday with a jury finding that former board president Larry Marshall participated in a kickback scheme that caused millions of dollars in damages to a local construction contractor. The civil jury decided in favor of the […]

More on the Texas telemedicine lawsuit

Texas Monthly has a nice overview. Imagine you’re sick, or you think you might be sick, and you want to talk to a doctor. Instead of waiting a week or two to see your primary care physician, you just open an app on your phone or computer and within minutes you’re video-chatting with a doctor […]

Feds to appeal transgender bathroom directive

Good. The U.S. Department of Justice (DOJ) plans to appeal a Texas judge’s injunctionbarring the Obama administration from implementing guidelines aimed at protecting transgender students against discrimination. DOJ attorneys announced in court documents Friday that they’ll file formal notice that they’re appealing the injunction to the 5th U.S. Circuit Court of Appeals on or before […]

State moves to withdraw Syrian refugee lawsuit

Good, though at this point it probably doesn’t matter. A week after the state officially withdrewfrom the nation’s refugee resettlement program, Texas has moved to end its legal battle over Syrian refugees. In a short, three-page motion, Texas on Friday asked the U.S. 5th Circuit Court of Appeals to dismiss the state’s appeal of a […]

SCOTUS rejects reconsideration of immigration ruling

Alas. The U.S. Supreme Court has declined the Obama administration’s request to reconsider a controversial immigration program that would have let millions of undocumented immigrants stay in the country legally. The program, Deferred Action for Parents of Americans and Lawful Permanent Residents, would have shielded about 4 million undocumented immigrants from deportation. It was scheduled […]

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 […]