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Posts Tagged ‘Fifth Circuit Court of Appeals’

DOJ asks to get voter ID remedy ASAP

I concur. The Obama administration and several civil rights groups are urging a federal appeals court to fast track the process of temporarily fixing Texas’ voter ID law in time for the upcoming Nov. 3 elections. In court filings Thursday, the Justice Department and civil rights groups asked the 5th U.S. Circuit Court of Appeals […]

Meyers voter ID lawsuit to proceed

An update on that other voter ID lawsuit. Texas Court of Criminal Appeals Judge Larry Meyers claims that the state’s voter ID law violates the Texas Constitution, and the court ruled that the case will proceed after rejecting defendants’ arguments that the court lacked jurisdiction. Meyers—who filed the lawsuit as a private citizen, not as […]

Paxton files amicus brief in HBU contraception lawsuit

Of course he does. Female employees of religious nonprofits should not be given insurance coverage for birth control if their employers object to certain contraceptives on religious grounds, according to a brief filed at the U.S. Supreme Court by Texas Attorney General Ken Paxton. Paxton’s “friend of the court” brief was filed Monday in support […]

Voter ID may have had broader effects than we thought

Interesting. Texas’ strict voter identification requirements kept many would-be voters in a Hispanic-majority congressional district from going to the polls last November — including many who had proper IDs — a new survey shows. And the state’s voter ID law – coupled with lackluster voter education efforts – might have shaped the outcome of a […]

Fifth Circuit affirms that Texas voter ID law violates Voting Rights Act

Good. Texas’ four-year-old voter ID law violates the Voting Rights Act but is not a “poll tax” barred under the U.S. Constitution, a federal appeals court has ruled. The U.S. 5th Circuit Court of Appeals on Wednesday ruled that the Texas voter ID law – signed into law in 2011 – has a “discriminatory effect” […]

HBU appeals contraceptive case to SCOTUS

Here we go. Houston Baptist University on Wednesday turned to the U.S. Supreme Court in its battle to avoid providing employees with forms of contraception it finds morally objectionable. The appeal of a 5th U.S. Circuit Court of Appeals ruling was filed on behalf of the Houston university, East Texas Baptist University and the Westminster […]

Fifth Circuit hears immigration ruling appeal

We’ll see, but as always with this court it is better to expect the worst and hope to be pleasantly surprised. Noise from hundreds of chanting immigration activists outside a federal appeals court building competed at times Friday with lawyers arguing inside over President Barack Obama’s proposal to shield an estimated 5 million people from […]

There will be more lawsuits

The lawsuit filed in Hood County to force County Clerk Katie Lang to issue a marriage license to a same sex couple won’t be the last one like it. “We hope and expect that county clerks across Texas and the country will take a look at what happened [in Hood County] and do the right […]

Here come the lawyers

I don’t see how the squadron of anti-equality attorneys has a case in the wake of Obergfell, but they’re gonna try their best to muck things up anyway. Now, conservative attorneys are gearing up to defend [government employees who refuse to recognize gay marriage because of religious objections], saying they are confident existing laws will […]

Clinics consider reopening

There’s a lot of uncertainty in the decisionmaking process, that’s for sure. Abortion providers cheered a move by the U.S. Supreme Court to temporarily block part of a Texas law that would have closed more than half the state’s 19 remaining abortion clinics. Now they are studying whether it could also allow them to reopen […]

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 […]