Off the Kuff Rotating Header Image

Posts Tagged ‘Fifth Circuit Court of Appeals’

When is that appeal of the Texas same sex marriage ruling going to happen?

A little later than originally planned. It’s been five months since a federal judge struck down Texas’ bans on same-sex marriage. But Attorney General Greg Abbott says he needs more time to file a brief appealing U.S. District Judge Orlando Garcia’s February decision to the 5th U.S. Circuit Court. Abbott’s brief was initially to the […]

Tenth Circuit upholds same-sex marriage

A huge step forward. A federal appeals court ruled Wednesday that states outlawing same-sex marriage are in violation of the U.S. Constitution. By upholding a Utah judge’s decision, the a three-member panel of the 10th Circuit Court of Appeals in Denver became the first appeals court to rule on the issue, setting a historic precedent […]

Lawsuit filed over Senate map

From Texas Redistricting: [Monday] morning, two Texas voters filed a suit in federal court challenging the state senate map drawn by the Texas Legislature on the grounds that it violated the equal protection guarantees of the Fourteenth Amendment by using total population rather eligible voters to draw districts. The plaintiffs in the case are backed […]

Planned Parenthood petitions Fifth Circuit for en banc review of HB2 ruling

From the inbox: Today, Planned Parenthood affiliates in Texas filed a petition on behalf of their patients to request that the full bench of the Fifth Circuit Court of Appeals consider the constitutionality of harmful abortion restrictions that were struck down by  a federal district court last fall. On March 27, a three-judge panel of the court […]

Another lawsuit against HB2 to be filed

If at first you don’t succeed… Less than a week after a federal court upheld two new Texas abortion requirements already in effect, abortion providers announced plans to file a second lawsuit targeting additional regulations that the Republican-led Legislature passed in July. The suit that the group plans to file Wednesday in a federal court […]

Fifth Circuit does its thing again

There was never any doubt. The 5th Circuit Court of Appeals on Thursday upheld the new abortion regulations that were passed in July by the Republican-led Texas Legislature. The plaintiffs, who represent the majority of abortion providers in Texas, including four Planned Parenthood affiliates, Whole Woman’s Health and other independent abortion providers, challenged the constitutionality of […]

The backlash to marriage equality

It’s been almost two weeks since a federal judge struck down Texas’ anti-gay marriage law. The sky hasn’t fallen, rivers continue to run downstream, dogs and cats are not cohabitating, and strangest of all, the Republican Party of Texas has not gone into full freakout mode. That doesn’t mean there isn’t a backlash coming, of […]

Next steps in the Texas same sex marriage lawsuit

In case you were wondering, Attorney General and candidate for Governor Greg Abbott will appeal Wednesday’s historic ruling striking down Texas’ constitutional amendment barring same sex marriage. The state of Texas has officially given notice that it is appealing a San Antonio judge’s ruling that completely struck down its ban on same sex marriage. “Defendants […]

Federal judge strikes down Texas’ anti-same sex marriage law

Wow. A federal judge in San Antonio ruled Wednesday that Texas’ ban on same-sex marriage unconstitutionally deprives some citizens of due process and equal protection under the law by stigmatizing their relationships and treating them differently from opposite-sex couples. U.S. District Judge Orlando Garcia cited recent U.S. Supreme Court rulings as having trumped Texas’ moves […]

Hearing for the Texas federal same sex marriage lawsuit is tomorrow

All eyes will be on San Antonio on Wednesday. Like most new parents, Nicole Dimetman and Cleopatra De Leon plan their days around their small child. Theirs is an ordinary family life, they say, but it is by no means easy. Although married in 2009 in Massachusetts, where same-sex marriage is legal, they live in […]

EPA and TCEQ settle lawsuits over flex permits

One less court fight for us and the feds. The EPA and Texas on Wednesday said they have reached a deal over state permits for industrial air pollution, ending a four-year fight that to some had become a symbol of regulatory overreach by the federal government. The agreement comes after the federal agency initially rejected […]

Davis beats Abbott in court again

That’s probably the simplest way to understand this story. A San Antonio federal court has ordered Texas to pay more than $260,000 in attorney fees to the legal team that helped state Sen. Wendy Davis beat back Republican attempts to carve up her district in 2011. The ruling earlier this week amounts to another court […]

Fifth Circuit pretends to hear HB2 appeal

We’re all sure what their decision will be, right? Appellate judges on Monday challenged lawyers over provisions of Texas’ new abortion law and whether they have unduly caused the closure of about a dozen abortion clinics. The three-judge panel of the U.S. 5th Circuit Court of Appeals bore down in particular on the shuttering of […]

HHSC publishes rules relating to HB2

HHSC is all in on the omnibus anti-abortion bill passed during the special session this summer. Texas health officials have a message for the more than 19,000 folks who wrote in to oppose new abortion regulations: Each individual commenter failed to show that clinics will close or that women will face an undue burden under […]

They’ll be getting married in Utah today

For at least an hour today, county clerks in Utah will be issuing marriage licenses to same sex couples. Utah Gov. Gary R. Herbert filed seeking an Emergency Motion for Temporary Stay following a federal judge’s ruling that struck down Utah’s ban on same-sex marriage, and on Sunday the United States Court of Appeals Tenth […]

Hearing set for gay marriage lawsuit

Mark your calendars. A San Antonio judge Tuesday scheduled a hearing in February to consider temporarily blocking Texas’ same-sex marriage ban. [...] Federal District Judge Orlando Garcia set the Texas hearing for February 12 at 9:30 a.m. at the John H. Wood, Jr. United States Courthouse in San Antonio. If the judge grants the injunction, […]

SCOTUS declines to reinstate the injunction against HB2

Dammit. U.S. Supreme Court justices on Tuesday rejected a request by abortion providers to intervene in their lawsuit challenging the constitutionality of new abortion regulations in Texas that took effect in November. “Reasonable minds can perhaps disagree about whether the [U.S. 5th Circuit] Court of Appeals should have granted a stay in this case,” Justice […]

SCOTUS to review request to reinstate injunction against HB2

It’s never a good thing to have one’s fate in Justice Scalia’s hands, but that’s where we are. State attorneys filed a response on Tuesday to abortion providers’ request for the U.S. Supreme Court to intervene in the ongoing legal battle over the constitutionality of Texas’ new regulations on the procedure. Abortion providers on Monday […]

Empty benches

It would be nice to have some more federal judges here in Texas. Saying that Texas has more vacant federal judgeships than any other state, leaders from state and national liberal advocacy organizations on Monday called on U.S. Sens. Ted Cruz and John Cornyn to do more to fill the openings. “The Republican senators go […]

Abortion providers petition SCOTUS for injunction review

We’ll see what happens. Abortion providers on Monday asked the U.S. Supreme Court to reinstate a lower federal court’s injunction that blocked Texas from implementing strict new abortion rules. “Right now, women in vast swaths of Texas are being turned away at clinic doors because of a bogus law that attempts to do underhandedly what […]

Have I mentioned lately that the Fifth Circuit sucks?

The only mystery is that it took them this long. Texas abortion providers’ Monday victory was short-lived. The U.S. 5th Circuit Court of Appeals on Thursday reversed a federal district court ruling that found part of the state’s new abortion regulations unconstitutional, meaning the provisions of House Bill 2 could take effect immediately if state […]

Not all of HB2 was blocked

That injunction didn’t cover everything. As state officials appealed a federal judge’s order blocking a portion of Texas’ new abortion law, a prohibition against performing the procedure after 20 weeks of pregnancy quietly took effect Tuesday. While the ban will affect only a small percentage of abortions in Texas, abortion rights proponents say the new […]

No action from Fifth Circuit yet

HB2 is still enjoined. The Texas attorney general’s office is seeking an emergency stay, asking the 5th U.S. Circuit Court of Appeals to reverse U.S. District Judge Lee Yeakel’s ruling against abortion regulations in House Bill 2. Beginning Tuesday, abortion providers would have been required to obtain hospital admitting privileges within 30 miles of the […]

Injunction granted against HB2

Good. Less than 24 hours before new abortion regulations were set to take effect in Texas, U.S. District Judge Lee Yeakel on Monday blocked implementation of one provision challenged by abortion providers and partially blocked a second provision, ruling that they could place an undue burden on women and are therefore unconstitutional. In his opinion, […]

Up to the judge in the abortion lawsuit trial

We expect a quick ruling. With days remaining until new abortion regulations take effect in Texas, attorneys for abortion providers and the state of Texas presented their final arguments Wednesday on whether those restrictions meet constitutional muster. “The result is much more obvious to each side than it is to me,” said U.S. District Judge […]

Voter ID litigation moving again

From Texas Redistricting last week: The Texas voter ID litigation geared back up today, with the court setting a number of new or revised deadlines now that the government shutdown is over. Responses to motions by True the Vote and the Texas Association of Hispanic County Judges and County Commissioners to intervene are now due October […]

Lawsuit against abortion restrictions goes to trial

Here we go. Seeking to block the state of Texas from implementing new abortion regulations, plaintiffs representing abortion providers argued Monday in a federal court that the state’s law violates the constitutional right of women to access the procedure. But the state’s attorneys defended Texas’ right to enact laws that advance protections for the life […]

Still no injunction in voter registration lawsuit

Unfortunate. A district judged erred by partially blocking the enforcement of new Texas voter registration laws while a lawsuit alleging that the laws suppress voting goes forward, a federal appeals court has ruled. A three-judge panel of the 5th U.S. Circuit Court of Appeals said in a 2-1 opinion Thursday that there was not enough […]

First lawsuit filed over abortion restrictions

Good. The next stage in abortion rights advocates’ efforts to block implementation of strict new regulations on the procedure in Texas began on Friday, as the Center for Reproductive Rights, the American Civil Liberties Union and a group of abortion providers across the state filed a lawsuit in federal court. “Today’s lawsuit is a united […]

Appeal filed in country redistricting lawsuit

From the Chron: Activists who believe a now-adopted Harris County redistricting plan illegally dilutes Latino votes in the only Latino-opportunity commissioner precinct are set to appeal a ruling made at the beginning of the month. In her long-anticipated decision, issued Aug. 1, U.S. District Judge Vanessa Gilmore said the plaintiffs, led by Houston City Councilmen […]

Farmers Branch still hasn’t learned

There’s stubborn, there’s mulishly stubborn, and then there’s Farmers Branch. The City Council is not ready to give up its fight to ban immigrants in the U.S. illegally from renting in the city. The council voted 3-2 Tuesday night to appeal to the U.S. Supreme Court its rental ordinance’s latest failure in court. The chamber […]

Farmers Branch loses again

Same story, next chapter. The Farmers Branch ordinance barring people in the U.S. illegally from renting in the city is unconstitutional, an appeals court ruled for the second time Monday. The 5th U.S. Circuit Court of Appeals in New Orleans said the ordinance encroached on the federal government’s authority. Monday’s decision ended the city’s second […]

To sue or not to sue?

Now that SB2 has passed, it’s time to consider the next move. As an omnibus bill restricting abortion access in Texas makes its way to Gov. Rick Perry’s desk, opponents of the measure are already weighing the possibility of suing the state to stop implementation of the regulations, which lawmakers approved last week. “There are […]

Don’t expect much from the review of Judge Edith Jones

History says that nothing much will happen. Federal judicial disciplinary action is extremely rare in the United States, where district and circuit judges enjoy lifetime appointments and more than 95 percent of complaints are dismissed. However, some jurists have been disciplined and some publicly apologized after being accused of misconduct related to complaints of alleged […]