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Posts Tagged ‘Fifth Circuit Court of Appeals’

Second trimester abortion lawsuit hearings conclude

Now we wait. In a five-day trial that concluded Wednesday, lawyers for the state defended part of a Texas law that bans the most common second-trimester abortion procedure unless the fetus is deceased. Abortion rights groups sued the state in July, arguing the provision restricting the dilation and evacuation procedure imposes an undue burden on […]

SB4 at the Fifth Circuit

Hoping for the best as always, but the Fifth Circuit has a way of stomping on that. Tuesday’s hearing was on whether U.S. District Judge Orlando Garcia’s August decision to block several of the law’s provisions should stand while the case meanders through the court system. […] In late August, Garcia halted several parts of the law, […]

Paxton wants voter ID lawsuit to be over

I can think of one way he can make that happen. That’s not what he’s asking for, alas. The fight over the state’s embattled voter ID laws should be over, Texas Attorney General Ken Paxton argued in a new court document filed late Tuesday. Paxton, as expected, filed a brief with the U.S. Court of […]

No expedited appeal of voter ID

There’s no speeding this up. A federal appeals court Tuesday declined to have all 14 judges participate in the appeal over the Texas voter ID law — a decision that will keep the issue unresolved heading into the 2018 elections, one judge said. Civil rights groups, Democrats and minority voters who challenged the voter ID […]

Fifth Circuit hears bail lawsuit arguments

Big day in court. Amid a stream of pointed questions from the bench, lawyers for Harris County Tuesday asked panel of the 5th U.S. Circuit Court of Appeals to toss a lower court ruling that the county’s criminal justice system violated the constitution by holding poor defendants on low level offenses simply because they could […]

Trump nominates two to the Fifth Circuit

This is why Republicans put aside their doubts to vote for Trump, and it’s why they stick with him. This is the prize they kept their eyes on, and it’s paying off for them bigtime. President Donald Trump on Thursday said he is nominating two Texans to the 5th U.S. Circuit Court of Appeals: Texas […]

Ken Paxton REALLY wants your “sanctuary complaints”

What could possibly go wrong? Texans who suspect their elected or appointed officials of enforcing policies that protect undocumented immigrants can now file an official complaint with the office of the state’s top prosecutor. Attorney General Ken Paxton on Tuesday announced his office is accepting sworn complaints against “sanctuary” jurisdictions that prohibit local police from […]

Fifth Circuit partially unblocks SB4

Terrible. A panel of three appellate judges ruled on Monday that parts of the state’s immigration enforcement legislation, Senate Bill 4, can go into effect while the case plays out on appeal. Last month, U.S. District Judge Orlando Garcia halted the part of the bill that requires jail officials to honor all detainers. He also […]

Fifth Circuit hears SB4 injunction arguments

Big day in court. The immediate future of Texas’ immigration enforcement law hinges on whether a three-judge panel in New Orleans was swayed Friday by the state’s attorneys that the legislation is essential to public safety and should not have been partially blocked by a federal judge days before it was scheduled to go into effect. Attorneys on both […]

Fifth Circuit stays voter ID ruling

Ugh. The state of Texas can use its revised voter ID measure for the upcoming November elections, a divided federal appeals court ruled on Tuesday. The 2-1 decision, first reported by Politico Tuesday night, came from a panel of three federal judges on the Fifth Circuit Court of Appeals in New Orleans — and it […]

Trump’s Justice Department goes all in on voter ID

Despicable, but what did you expect? Continuing a dramatic reversal on voting rights under President Donald Trump, the U.S. Department of Justice is asking a federal appeals court to allow Texas to enforce a photo voter identification law that a lower court found discriminatory. In a filing Thursday, the Justice Department asked the U.S. 5th […]

More on the SB4 ruling

Circling back to one of the big court decisions from last week, Slate’s Mark Joseph Stern talks to ACLU attorney Lee Gelernt about what was blocked by federal Judge Orlando Garcia in the “sanctuary cities” lawsuit. Mark Joseph Stern: SB 4’s overarching goal is to compel all Texas law enforcement officers to enforce federal immigration […]

Voter ID law thrown out

Fantastic. A federal judge has tossed out a new law softening Texas’ strict voter identification requirements. U.S. District Judge Nelva Gonzales Ramos on Wednesday ruled that Senate Bill 5, signed by Gov. Greg Abbott in June, doesn’t absolve Texas lawmakers from responsibility for discriminating against Latino and black voters when they crafted one of the […]

Fifth Circuit rules against Texas’ voter interpreter law

Good. Texas ran afoul of the Voting Rights Act by restricting the interpretation assistance English-limited voters may receive at the ballot box, a federal appeals court found. In an opinion issued Wednesday, a three-judge panel of the U.S. 5th Circuit Court of Appeals ruled that an obscure provision of the Texas Election Code that requires […]

Still no word on what Pasadena will do with the redistricting appeal

We’re waiting. Because the ruling went against the city, Pasadena is required to pay legal costs to attorneys for that group, the Mexican American Legal Defense Education Fund. In addition, the city’s fees to its legal representatives at Bickerstaff, Heath, Delgado and Acosta now total approximately $2.8 million as it pursues the appeal. […] The […]

Fifth Circuit sets bail hearing

Mark your calendars. Harris County will have another chance to defend its embattled cash bail system this fall in a lawsuit brought by indigent defendants who languished in jail for days because they couldn’t afford money bail. The Fifth U.S. Circuit Court of Appeals announced Tuesday it has set oral arguments for the week of […]

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 […]