Off the Kuff Rotating Header Image

Posts Tagged ‘Fifth Circuit Court of Appeals’

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 […]

What do we expect from the Fifth Circuit and SCOTUS on same sex marriage?

Some people are very optimistic. Same-sex marriage will arrive in Texas before Easter, according to an attorney for two couples who are challenging the state’s marriage bans in federal court. Daniel McNeel Lane Jr., of Akin Gump Strauss Hauer & Feld in San Antonio, made the prediction as he prepared for oral arguments in the […]

The Fifth Circuit hears the HB2 arguments

Maybe it’s not a slam dunk for HB2, though I refuse to get my hopes up. In a long line of tough questioning Wednesday over a new Texas abortion law, federal appeals judges here questioned whether part of a provision requiring abortion facilities to meet hospital-like standards should be struck down. The possibility that the […]

Meet the judges

Not a bad panel, all things considered. Judges Patrick Higginbotham of Dallas, Jerry Smith of Houston and James Graves Jr. of Jackson, Miss., will sit on a panel that will hear appeals from state officials in Texas and Mississippi of lower-court rulings that overturned the two states’ gay marriage bans. In the Louisiana case, U.S. […]

Trib overview of the same sex marriage appeal

Less than three weeks till the appeal is heard by the Fifth Circuit. Fourteen states allowed same-sex marriage when Cleopatra De Leon and Nicole Dimetman filed a lawsuit late last year challenging Texas’ constitutional ban on marriages that are not between a man and a woman. The couple, married in Massachusetts in 2009, lives in […]

Same sex marriage will have to wait for the Fifth Circuit

Bummer. A federal judge has refused to permit immediate same-sex marriages in Texas, saying he expects they will be allowed some day but he doesn’t want to act precipitously. U.S. District Judge Orlando Garcia on Friday rebuffed a request by same-sex couples Mark Phariss and Victor Holmes of Plano and Cleopatra De Leon and Nicole […]

Voter ID plaintiffs want Fith Circuit to get on with it

Some more unfinished business for the courts. Some plaintiffs challenging Texas’ voter ID law want a federal appeals court to speed up its consideration of the case, looking to sort it out before the next wave of elections in the state. In a court document filed Wednesday, the plaintiffs note that 5th U.S. Circuit Court […]

Abbott responds to motion to lift same-sex marriage ruling

He’s against it. Try not to be surprised. Texas officials want a federal judge to uphold the state’s same-sex marriage ban, calling a request by gay couples to be allowed to immediately marry “untimely” and “out of order.” “The plaintiffs offer no explanation for why they waited so long to file their motion,”Attorney General Greg […]

Fifth Circuit sets their schedule

Mark your calendars. The Fifth Circuit Court of Appeals will hear oral arguments about the constitutionality of Texas’ tough new abortion restrictions on Jan. 7. The law passed in 2013, known as House Bill 2, banned abortions after 20 weeks of pregnancy, placed heavy new restrictions on clinics and doctors who perform the procedure and […]

Texas same-sex marriage plaintiffs ask for stay to be lifted

I wish them luck. Two same-sex couples have asked U.S. District Judge Orlando Garcia of San Antonio to allow gay marriages to begin taking place immediately in Texas. On Monday, couples Mark Phariss and Victor Holmes of Plano and Nicole Dimetman and Cleopatra De Leon asked Garcia to lift a stay he imposed this winter […]

Texas For Marriage

This. Law enforcement officials, state legislators, faith leaders and a great-grandmother are among those lending their voices to a new campaign to bring marriage equality to Texas. The national group Freedom to Marry plans to spend $200,000 on the campaign launched Tuesday, in advance of oral arguments before the 5th U.S. Circuit Court of Appeals […]

Fifth Circuit to hear HB2 appeal in January

Gird your loins. A federal appeals court has scheduled oral arguments about the constitutionality of Texas’ tough new abortion law for the first week of January, setting up a rapid timeline that may accelerate the case’s expected trip to the U.S. Supreme Court. Solicitor General Jonathan Mitchell and lawyers representing abortion providers are planning to […]

Sixth Circuit stands up for inequality

It was bound to happen eventually. Remember the big no-decision decision the Supreme Court issued on same-sex marriage just a month ago? The justices were asked — in five separate cases no less — to weigh in on whether same-sex couples have a constitutional right to marriage. The Supreme Court demurred on the question, which […]

UT/Trib poll says Texans would be fine with same sex marriage

A result of interest from the most recent UT/Trib poll: Registered Texas voters narrowly oppose same-sex marriage, but a large majority is open to allowing either marriage or civil unions to gays and lesbians, according to the latest University of Texas/Texas Tribune Poll. Asked whether those couples should be allowed to marry, 42 percent say […]