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Posts Tagged ‘Fifth Circuit Court of Appeals’

Texas throws in the towel with the Fifth Circuit

Hallelujah. The 5th Circuit should affirm a lower court ruling that overturned Texas’ long-standing ban on same-sex marriage, Scott Keller, the state’s solicitor general, wrote in a letter to the appellate court. That letter was in response to the appellate court’s request that the state and the plaintiffs advise the court on the next steps […]

HBU contraceptive coverage decision overturned

Good. The U.S. Court of Appeals for the Fifth Circuit has turned back a challenge brought by several Texas religious organizations that oppose offering insurance contraceptive coverage to their employees, concluding that the plaintiffs have no right to challenge the conduct of third parties. The recent decision also found that U.S. Supreme Court’s controversial 2014 […]

SCOTUS puts HB2 back on hold

Good. For now, anyway. The U.S. Supreme Court on Monday sided with Texas abortion providers and temporarily put on hold a ruling that would have closed about half of the state’s abortion facilities. There were 19 abortion providers performing the procedure in Texas as of earlier this month. Abortion restrictions passed by the Texas Legislature […]

SCOTUS rules for marriage equality

Boom. Handing gay rights advocates a monumental victory, the U.S. Supreme Court on Friday ruled that marriages between couples of the same sex are constitutional, a decision that overrides Texas’ long-standing ban on gay marriage. In a 5-4 ruling, the high court found that same-sex couples have a constitutional right to marry and that states […]

Lawsuit against county by former crime lab supervisor partially reinstated

It’s a bit of a convoluted story. A federal appeals court has reinstated portions of a lawsuit filed by two former Houston Police Department crime lab supervisors who contended that Harris County prosecutors retaliated against them after they exposed problems with the city’s breath-alcohol testing vans, or “BAT vans.” In a 36-page opinion issued on […]

Off to SCOTUS for HB2

If they want to hear it. Abortion is back before the U.S.A Supreme Court, and the justices could signal by the end of June whether they are likely to take up the biggest case on the contentious subject in nearly a quarter-century. If the court steps in, the hearing and the eventual ruling would come […]

The Fifth Circuit still sucks

They also blow. A federal appeals court on Friday rejected a request from Texas abortion providers to temporarily put on hold a ruling that could leave Texas with nine abortion facilities. Abortion providers had asked the U.S. 5th Circuit Court of Appeals to delay its own ruling upholding most provisions of House Bill 2 — […]

New hope against the sonogram law?

Possible new hope, but not any time soon. Attorneys who represented Texas doctors in a lawsuit against the state’s 2011 abortion sonogram law are considering their legal options following the U.S. Supreme Court’s Monday decision not to revive a similar North Carolina law. The high court refused to reconsider a North Carolina appellate court’s decision […]

Possibly positive sign from the Fifth Circuit on immigration lawsuit appeal

From ThinkProgress: A string of bad luck for immigrants — and for the Obama Administration — might be coming to an end. On Thursday, a federal appeals court indicated that it is not bound by a previous decision that would make it very difficult for the administration to prevail in litigation challenging its immigration policies […]

Fifth Circuit does it again on HB2

Awful. In a blow to the state’s abortion providers, federal appeals judges on Tuesday upheld a state law requiring nearly all Texas facilities that perform the procedure to meet hospital-like standards. A three-judge panel of the U.S. 5th Circuit Court of Appeals ruled that the state can require abortion clinics to meet ambulatory surgical center […]

Don’t expect the Harris County Clerk to be ready for the SCOTUS same sex marriage ruling

The Press follows up on a question that we have examined before. [Harris County Clerk Stan] Stanart isn’t planning on staying open later or doing anything to prepare to handle an influx of same-sex couples should the Supremes decide in favor of gay marriage, and he doesn’t seem concerned about getting the right application forms […]

Fifth Circuit panel declines to lift immigration executive order injunction

Alas. A federal appeals court in New Orleans has denied a request to lift an injunction blocking President Barack Obama’s executive action to protect millions of immigrants from deportation. In a split decision, two of three judges on the 5th U.S. Circuit Court of Appeals panel ruled to leave the injunction in place, finding that […]

SCOTUS to hear Texas “one person one vote” challenge

Gird your loins. When drawing voting districts, should lawmakers seek to make each district have roughly the same number of people, or the same number of people eligible to vote? The Supreme Court is going to answer that question, the court announced Tuesday morning. The question lies at the heart of a Texas case, and […]

Senate belatedly addresses one voter ID concern

Better really late and at least mildly coerced than never, I guess. The Texas Senate, with scant attention during an early morning vote, gave its unanimous answer to a lingering question the 5th U.S. Circuit Court of Appeals posed about the state’s embattled voter ID law. Among the first votes taken by the chamber on […]

Voter ID appeal report

The Trib reports from New Orleans. A federal appellate judge on Tuesday questioned why the Texas Legislature had not addressed concerns that its four-year-old voter ID law discriminated against minority voters. U.S. 5th Circuit Court of Appeals Judge Catharina Haynes stopped short of rebuking state lawmakers while listening to attorneys spar over what are widely […]

Fifth Circuit to hear Texas voter ID appeal

There’s more than one big appellate case being heard today. The Texas voter identification law will make a stop at a federal appeals court in New Orleans on Tuesday on a likely path to the U.S. Supreme Court. Texas Solicitor General Scott Keller and lawyers representing plaintiffs, including the U.S. Justice Department, will present arguments […]

Fifth Circuit hears request to lift immigration injunction order

Always best to temper one’s expectations with these guys. An argument from U. S. Department of Justice lawyers that the state of Texas doesn’t have standing to challenge the Obama administration’s controversial immigration policy met with resistance from a pair of federal appellate judges Friday. A three-judge panel of the 5th Circuit Court of Appeals […]

As usual, the Fifth Circuit is where hope goes to be strangled

Ugh. Judge Jerry E. Smith’s presence on the panel that will hear oral arguments in Texas v. United States on Friday is simply a disaster for the DAPA and expanded DACA programs. Smith, the self-described former right-wing activist, once described feminists as a “gaggle of outcasts, misfits and rejects.” He is one of five judges […]

Injunction against immigration executive order stays in place

Not a surprise, I guess. A Brownsville-based federal judge on Tuesday denied the Obama administration’s request to let a controversial immigration program proceed while the issue plays out in the courts. United States District Judge Andrew Hanen ruled that his initial decision to halt the president’s November executive action — which seeks to grant deportation […]

“Kicking and screaming”

Looks like we’re going to have to wait for SCOTUS to finally bring same sex marriage to Texas. Daniel McNeel Lane Jr., who represents two same-sex couples challenging Texas’ marriage ban, previously predicted the 5th U.S. Circuit Court of Appeals would bring marriage equality to the state before Easter. But Lane said this week he […]

Hearing set for appeal of immigration order ruling

Coming soon. A court hearing has been set for April 17 on whether a temporary hold on President Barack Obama’s immigration executive action should be lifted, a federal appeals court announced Tuesday. […] The 5th U.S. Circuit Court of Appeals in New Orleans said each side will have an hour to make their arguments about […]

Backlash anti-gay marriage bill heard in committee

Turns out bigotry has a price tag. House Bill 1745, by Rep. Cecil Bell (R-Magnolia), seeks to bar Texas officials from issuing marriage licenses to same-sex couples or recognizing their marriages—regardless of whether courts determine the state’s ban is unconstitutional. More than a dozen witnesses gave nearly two hours of sometimes emotional testimony during a […]

The scared institution of marriage

Smell the fear and desperation. Several hundred Christian fundamentalists gathered on the south steps of the Capitol today in a rally that was less about the defense of traditional marriage than about preparing for civil disobedience if, as expected, the U.S. Supreme Court later this year declares bans on same-sex marriage unconstitutional. Beneath a sweltering […]

Feds file appeal of immigration injunction to Fifth Circuit

Time to force the issue. The Obama administration Thursday asked a federal appeals court to do what a Texas-based judge didn’t: allow a controversial immigration program to move forward while the issue plays out in the courts. Attorneys with the U.S. Department of Justice filed an emergency motion asking the U.S. Fifth Circuit Court of […]

Immigration lawsuit update

Another hearing is scheduled. The judge who blocked President Barack Obama’s executive action on immigration has ordered the Justice Department to answer allegations that the government misled him about part of the plan. U.S. District Judge Andrew Hanen ordered Monday that the lawyers for the federal government appear in his court March 19 in Brownsville. […]

SCOTUS to hear same sex marriage appeal in April

Get ready. The Supreme Court will hear arguments over same-sex marriage on April 28 and make audio of the proceedings available later that day. The gay marriage cases mark the only time this term that the court has agreed to the quick release of audio recordings. But the court is continuing its ban on providing […]

Cleo and Nicole

You should read this Texas Monthly feature story on Cleopatra de Leon and Nicole Dimetman, two of the plaintiffs in the lawsuit to overturn Texas’ ban on same sex marriage. But it is children— their children—that prompted Cleo and Nicole to file a lawsuit in the first place. Their suit argues that “responsible procreation” ignores […]

Justice Department files request for stay on immigration ruling

As expected. The U.S. government asked a federal judge Monday to lift his temporary hold on President Barack Obama’s action to shield millions of immigrants in the country illegally from deportation. The Justice Department’s motion for a stay was filed with the court of U.S. District Judge Andrew Hanen in Brownsville, Texas. The federal government […]

Same sex marriage plaintiffs ask Fifth Circuit to lift the stay

They’ve got a strong case, based on recent SCOTUS action. Attorneys for two gay couples are asking a federal appeals court to allow same-sex marriages to begin in Texas immediately. In a motion filed Thursday, attorneys for the couples asked the 5th U.S. Circuit Court of Appeals to lift a district judge’s stay of his […]

Oklahoma, where the same-sex weddings come sweeping down the plain

One of the most commonly made arguments for expanded gambling in Texas is that as long as we don’t have casinos, Texans will travel to neighboring states to spend their gambling dollars there. Well, that same argument can be made for same sex weddings, too. More than 3,000 same-sex couples have married in Oklahoma since […]

The last time Texas was in the minority on a marriage issue

Those who forget the lessons of history are likely to get an unfavorable SCOTUS ruling crammed down their throats. As the U.S. Supreme Court takes up the issue of same-sex marriage, Texas once again finds itself on the lonely side of a court fight involving the right to marry. Almost 50 years ago, Texas was […]

SCOTUS will take up same sex marriage

This is it. The Supreme Court announced on Friday that it will take up four cases challenging state bans on same-sex couples’ marriages — a long anticipated move that could lead to nationwide marriage equality. The cases ask the justices whether Kentucky, Michigan, Ohio, and Tennessee bans on same-sex couples’ marriages and bans on recognition […]

The Fifth Circuit finally hears the same sex marriage appeal

I am very cautiously optimistic. Signaling significant doubt about the constitutionality of Texas’ ban on same-sex marriages, two federal appeals judges on Friday questioned a state attorney’s argument that marriage is a “subsidy” that the state has the right to grant and withhold. In sharp exchanges with two judges of the U.S. 5th Circuit Court […]

Shoveling sand against the same sex marriage tide

Rep. Cecil Bell is threatening to hold his breath till he turns purple if those nasty federal courts give the go ahead to same sex marriage in Texas. State or local government employees giving out same-sex marriage licenses would stop receiving their salaries under a bill filed Wednesday for the 84th legislative session. Titled the […]