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Posts Tagged ‘Fifth Circuit Court of Appeals’

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 […]

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 […]