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Posts Tagged ‘SCOTUS’

The Fifth Circuit is in no hurry to rule on same sex marriage

Such a show of courage on their part. The Fifth Circuit Court of Appeals tentatively has scheduled oral arguments in the Texas and Louisiana gay marriage cases for early January, disappointing local advocates and possibly delaying until 2016 a hearing by the U.S. Supreme Court. Texas gay marriage advocates were disappointed with the Monday announcement. […]

The larger issue on voter ID

The Trib reminds us that there are bigger questions that remain to be answered in the voter ID litigation. The litigation on the state’s voting district maps for legislative and congressional elections is still underway, and the treatment of minority voters and their ability to elect the candidates they choose is at the center of […]

What they didn’t tell us about voter ID

Republicans knew fully well that their voter ID bill would disenfranchise a lot of people. They just didn’t care. Republican state officials working to pass a voter photo ID law in 2011 knew that more than 500,000 of the state’s registered voters did not have the credentials needed to cast ballots under the new requirement. […]

On Greg Abbott and who gets to get married

As you may have heard, Peggy Fikac got to ask Greg Abbott the obvious question about how exactly the state’s law against same-sex marriage, which Abbott is diligently defending in court, differs from the old laws that once banned interracial marriage, and would he have defended those as well since he claims he’s just doing […]

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 […]

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 […]

Texas woman denied driver’s license over same-sex marriage

That’s the headline of this Observer story, and it’s just as infuriating as you think it is. A woman who recently relocated from California says the Texas Department of Public Safety refused to issue her an accurate driver’s license because her last name was changed through a same-sex marriage. After Connie Wilson married her partner […]

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 […]

Voter ID trial starts today

As one trial ends, the next one begins. U.S. District Judge Nelva Gonzales Ramos in Corpus Christi will begin hearing arguments Tuesday on one of the nation’s most stringent voter ID measures, which Republican Gov. Rick Perry signed into law in 2011. A ruling is unlikely before Election Day, meaning that 13.6 million registered voters […]

Second phase of redistricting trial over

Much like the first phase, with some insults for one of the state’s key players thrown in for effect. Lawyers with the U.S. Justice Department and minority groups said in closing arguments in federal court Tuesday that state lawmakers illegally targeted Latino and African-American voters when redrawing congressional districts in 2011. Meanwhile, lawyers for the […]

Shine a light on dark money

I totally favor this. Secret campaign donors in Texas may soon be forced out of the shadows. The Texas Ethics Commission, already fighting a conservative group in court over whether it can regulate dark money disclosure, appears poised to approve a proposal aimed at requiring some politically active nonprofits to start revealing their anonymous donors. […]

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 […]

Ninety years later, we could still use an Equal Rights Amendment

I have three things to say about this. Drafted by a suffragette in 1923, the Equal Rights Amendment has been stirring up controversy ever since. Many opponents considered it dead when a 10-year ratification push failed in 1982, yet its backers on Capitol Hill, in the Illinois statehouse and elsewhere are making clear this summer […]

Once again, voter fraud by impersonation just doesn’t exist

From the Washington Post: Election fraud happens. But ID laws are not aimed at the fraud you’ll actually hear about. Most current ID laws (Wisconsin is a rare exception) aren’t designed to stop fraud with absentee ballots (indeed, laws requiring ID at the polls push more people into the absentee system, where there are plenty […]

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 […]

On redistricting and race

Phase Two of the redistricting trial is underway, and if it sounds an awful lot like Phase One to you, you would be right. Texas’ Republican-controlled Legislature didn’t discriminate against minorities by drawing election maps in 2011 that voting-rights activists say make it harder for Hispanics and blacks to elect their candidates, a lawyer for […]

Redistricting II: Congressional Boogaloo

Phase Two of the redistricting lawsuit trial begins today, in which the 2011 Congressional maps go under the microscope. That’s as good a time as any for the mandatory How Much All This Redistricting Litigation Is Costing Us story. Texans are on the hook for $3.9 million in costs for Attorney General Greg Abbott to […]

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, […]

Marriage equality’s legal winning streak may be on the line this week

And it’s not even the Fifth Circuit Court of Appeals that might bring a halt, however temporary, to the march of progress. Marriage equality has had a very good run in the federal courts ever since the Supreme Court declared the anti-gay Defense of Marriage Act unconstitutional in 2013. Every single federal court to consider […]

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 […]

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 […]

It really is about more than just marriage

Jo Ann Santangelo writes for the Observer about what it means to be in a same-sex marriage that isn’t recognized as legal by the state of Texas. In 2012, my wife, Kate, and I traveled more than 3,400 miles from Austin and back to marry legally in New York City. Seven years earlier, in November […]

What else is at stake in the redistricting trial

It’s about more than just the maps. Efforts by the Obama administration to wring protections out of a weakened Voting Rights Act begin Monday in Texas over allegations that Republicans intentionally discriminated against minorities when drawing new election maps. A federal trial in San Antonio comes a year after the U.S. Supreme Court made a […]

Next phases of redistricting lawsuit scheduled

Part One takes place next week. The trial over 2011 House district boundaries begins July 14 in U.S. District Court, where a hearing Tuesday shed light on how the case could unfold. The proceeding are expected to last at least six days — Monday through Saturday — with testimony from about 50 witnesses. The court […]

Utah will take same sex marriage fight to SCOTUS

This could be the ballgame. The Utah attorney general’s office announced Wednesday that it will appeal the 10th Circuit Court’s decision last month upholding same-sex marriage to the U.S. Supreme Court. Wednesday was the deadline for the state to seek a full-court review by all 12 judges of the 10th Circuit Court, but, according to […]