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Posts Tagged ‘Fifth Circuit Court of Appeals’

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 […]

The state’s puppet witnesses in the HB2 lawsuit

The Austin Chronicle tells the story. Among the state defense witnesses who took the stand on the third day of trial against Texas’ abortion-restricting House Bill 2 were two women with overt objections to abortion and one physician whose testimony in support of abortion regulations was recently discredited by a federal court. Additionally, questions arose […]

Lots of same sex marriage appeals about to happen

Busy times in the federal appeals courts. Federal appeals courts soon will hear arguments in gay marriage fights from nine states, part of a slew of cases putting pressure on the U.S. Supreme Court to issue a final verdict. If the appeals judges continue the unbroken eight-month streak of rulings in favor of gay marriage, […]

Next lawsuit against HB2 is underway

We’ll see if the result this time is any better. Texas abortion providers’ next attempt to block strict abortion regulations that the Republican-led Legislature passed last year begins Monday in Austin, where a federal court is considering whether to block a provision of the law that could shutter all but a handful of abortion clinics. […]

I’m not the only one who thought Abbott’s same sex marriage appellate brief was ridiculous

Of course, his arguments were ridiculous, so I shouldn’t be the only one who thinks so. Attorney General Greg Abbott is defending the state’s same-sex marriage ban using a widely rejected “responsible procreation” argument, bolstering gay rights advocates’ hopes and raising questions about his chances of success. “None of the arguments (against gay marriage) have […]

Abbott’s appellate brief on same sex marriage is a complete loser

How weak does your case have to be to have to rely on this? Texas Attorney General Greg Abbott filed an appeal with the U.S. 5th Circuit Monday regarding the state’s same-sex marriage ban, which was ruled unconstitutional by a federal judge in February. According to the brief, Abbott said Texas can ban same-sex marriage […]

Fourth Circuit Court of Appeals upholds marriage equality

That’s two federal appeals courts, to go along with however many federal district courts and state courts. Virginia’s same-sex marriage ban was ruled unconstitutional on Monday in the first such decision by a federal appellate court in the South. “We recognize that same-sex marriage makes some people deeply uncomfortable. However, inertia and apprehension are not […]

The marriage equality economic boost

From Equality Texas: The Williams Institute released a report today estimating that marriage for same-sex couples in Texas would add $181.6 million to the state and local economy over a three-year period. The report predicts that 23,000 Texas couples would marry, spending an average of more than $6,000 per wedding. Up to 1,500 jobs would […]

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 […]