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Posts Tagged ‘SCOTUS’

No, we shouldn’t have any kind of elections for SCOTUS justices

Your junior Senator, ladies and gentlemen. Dismayed by a pair of Supreme Court decisions upholding Obamacare and gay marriage, Republican Ted Cruz presided over a packed Senate hearing Wednesday calling for judicial elections and term limits to rein in what he called “judicial tyranny” and “the abuse of judicial power.” While term limits or recall […]

Bridal Extravaganza happily adjusts to a same-sex marriage world

Love is love, and business is business. Vendors in the industry, from florists to caterers, are seeing a bumper crop of same-sex Texas weddings. “I think there’s going to be some pent-up demand, and that’s exciting,” said Laurette Veres, Bridal Extravaganza producer. In Texas, same-sex weddings could generate at least $182 million in total spending […]

I’m not the only one who thought the state’s response to the birth certificate lawsuit was specious

Actual legal experts didn’t think much of it, either. The state of Texas can’t hide behind sovereign immunity to escape a lawsuit for denying birth certificates to U.S. citizen children of undocumented immigrants, the director of the University of Texas’ Transnational Worker Rights Clinic said Tuesday. That state’s claim of immunity is mere “boilerplate,” said […]

Split decision on cross-state air pollution rule

Not too bad, actually. Texas’ Republican leaders and environmentalists are both claiming victory Tuesday following an appeals court ruling that requires the federal government to ease limits on certain emissions for Texas and a dozen other states. The U.S. Court of Appeals for the D.C. Circuit on Tuesday ordered the Environmental Protection Agency to revisit […]

Woodfill is still pursuing his anti-same-sex benefits lawsuit

From the inbox and the febrile mind of Jared Woodfill: Last year Houston Judge Lisa Millard granted a temporary injunction and ordered Houston Mayor Annise Parker and the City of Houston to immediately stop recognizing same-sex ‘marriages’ and stop providing benefits to the same-sex couples married in other states. Judge Millard stated, “This court does […]

Paxton concedes FMLA lawsuit

Excellent. Almost a month after the U.S. Supreme Court ruled that same-sex marriage bans are unconstitutional, Texas Attorney General Ken Paxton quietly conceded a case against the federal government over medical leave benefits for certain same-sex couples. Paxton and the attorneys general of Arkansas, Georgia, Louisiana and Nebraska filed a voluntary dismissal on Friday with […]

Revisiting birth certificates

This is one of those next steps that needs to be taken. After the Supreme Court’s ruling on same-sex marriage, some gay and lesbian couples in Texas have raised questions about another legal document – birth certificates. They want Texas birth certificates to list two parents’ names, even if a child has two moms or […]

Rusk County Clerk sets an example

I respect this. The Rusk County Commissioners Court on Monday formally accepted the resignation of County Clerk Joyce Lewis-Kugle, apparently the first Texas elected official to quit office rather than abide by the U.S. Supreme Court decision legalizing gay marriage. “Before taking office, I was required to take an oath to uphold the laws of […]

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 […]

Texas sues the EPA again (and again, and again, and…)

Stop me if you’ve heard this one before. Attorney General Ken Paxton on Wednesday filed a lawsuit over the agency’s rejection of parts of a Texas clean air program, launching the state’s second battle against EPA regulations in less than two weeks. Texas has sued the agency 21 times since President Obama took office in […]

Prepare for your time in the spotlight, Irion County

It’s coming. No same-sex couples have sought a marriage license in Irion County, but if or when they do the county clerk is willing to fight it in court. County Clerk Molly Criner has vowed to stand for “natural marriage” and refuses to issue licenses to same-sex couples. Liberty Counsel, an international nonprofit that says […]

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 […]

SCOTUS gives polluters a win

Alas. t emissions of mercury and other hazardous air pollutants, but it may only be a temporary setback for regulators. The justices split 5-4 along ideological lines to rule that the Environmental Protection Agency failed to take cost into account when it first decided to regulate the toxic emissions from coal- and oil-fired plants. The […]

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 […]

More counties issuing same sex marriage licenses

Montgomery County: Montgomery County Clerk Mark Turnbull said he turned one same-sex couple away on Friday who requested a marriage license, but wound up issuing the license after regular hours on Saturday. He initially refused because he was waiting for clarification from the state on what form to use, but after the courthouse closed Friday […]

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 […]

Where same sex marriage is still functionally illegal in Texas

Smith County: After a historic Supreme Court ruling, making same sex marriage legal in all fifty states, couples across the country flocked to courthouses to be legally married. Despite the ruling, an East Texas County Court will not be issuing marriage licenses to gay and lesbian couples. Smith County Clerk Karen Phillips said they first […]

Cruz keeps on trolling along

For a guy who’s supposed to be so freaking brilliant, Ted Cruz sure says a lot of stupid things. U.S. Sen. Ted Cruz on Saturday said county clerks in Texas should “absolutely” be able to opt out of issuing same-sex marriage licenses if they have religious objections. “Ours is a country that was built by […]

And we begin the next fight

It’s always going to be something. In a somber and defiant statement, Attorney General Ken Paxton proclaimed his next battlefront would be in defense of religious liberty. “The truth is that the debate over the issue of marriage has increasingly devolved into personal and economic aggression against people of faith who have sought to live […]

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 […]

That other big SCOTUS case from yesterday

Another nice surprise from the mercurial Supreme Court. A sharply divided Supreme Court on Thursday preserved a key tool used for more than four decades to fight housing discrimination, handing a surprising victory to the Obama administration and civil rights activists. The justices ruled 5-4 that federal housing law allows people to challenge lending rules, […]

Remember, don’t rush to get married in Harris County just yet

The Harris County Clerk isn’t ready for you and won’t be for at least a little while. Should the U.S. Supreme court decide to strike down same-sex marriage bans nationwide, a decision that could come as soon as Thursday, county clerks in all but one of Texas’ biggest counties are ready to begin issuing marriage […]

Abbott would like to restore the uninsured rate

It’s what he does. Greg Abbott on Monday urged his fellow Republicans not to “rescue” President Barack Obama’s signature health care law if it is torpedoed by the U.S. Supreme Court, an unusually public stance that could make the first-term Texas governor a leading voice on a national issue dividing the GOP. Abbott’s position, announced […]

No response necessary

Unless it’s “We will respect and fully comply with the court’s ruling”. The U.S. Supreme Court could decide as early as this week whether same-sex couples have a constitutional right to marry. For supporters of same-sex marriage, it’s an emotional waiting game. “People are literally on pins and needles,” said Chuck Smith, executive director of […]

The next steps for equality advocates

Marriage equality will be a huge step, but there are many more steps to be taken. The newly launched Texas Wins campaign—a multiyear, multimillion-dollar effort—aims to increase the number of LGBT Texans protected by local nondiscrimination ordinances. “We want to take the momentum for LGBT equality coming out of the session, build on it, and […]

On judicial elections and campaign finance

Ross Ramsey raises an interesting point. It might seem silly to elect people who promise they won’t represent you, their political party or their donors, but that’s what we expect judges to do. They’re supposed to apply the law, and if they do any of those other things, they’re probably out of line. Florida elects […]

It always was about animus towards gays

TPM reviews the history of anti-gay marriage laws and constitutional amendments now that they’re on the verge of being thrown out. Opponents of marriage equality have been claiming that these laws were not enacted with any animus intended towards same-sex couples, but the arguments made at the time these laws were being debated clearly says […]

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 […]

Pointless pastor protest

Where to even begin? Some prominent Houston church leaders put their names on a full-page open letter to the U.S. Supreme Court in major U.S. newspapers, promising to defy the court should it decide same-sex marriage is a civil right. Pastor Gregg Matte of Houston’s First Baptist Church, Pastor Dave Welch of the U.S. Pastor […]

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 — […]

Texas Supreme Court rules against AG in Austin gay divorce case

One small step, even if it was on a technicality. As Texas waits on the U.S. Supreme Court to rule on same-sex marriage, the state’s highest civil court ruled Friday that the Texas attorney general tried too late to stop the divorce of a Texas couple married in Massachusetts. Five members of the Texas Supreme […]

Lots of people will lose insurance if SCOTUS takes it away from them

Just a reminder. With a U.S. Supreme Court decision looming this month on a point of law that could dismantle the Affordable Care Act, a series of new reports offer a grim glimpse at the toll on Texas should the court decide against the Obama administration. An estimated 1 million in Texas could lose their […]