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Posts Tagged ‘SCOTUS’

Paxton finds another way to be in trouble

Like fleas to a dog, trouble just follows this guy around. Remember that historic Supreme Court ruling last year? The one that ended decades of discrimination against same-sex couples who wanted to get married? Texas Attorney General Ken Paxton surely does because it’s probably still causing him headaches, in addition to his legal woes. The […]

SCOTUS puts Clean Power Plan on hold

And in doubt. In a major setback for President Obama’s climate change agenda, the Supreme Court on Tuesday temporarily blocked the administration’s effort to combat global warming by regulating emissions from coal-fired power plants. The brief order was not the last word on the case, which is most likely to return to the Supreme Court […]

Another legal bill for Texas

That’s what happens when you lose. The U.S. Supreme Court has decided to let stand a ruling that awarded more than $1.1 million to lawyers who represented former Democratic state Sen. Wendy Davis and several minority-rights groups in a case challenging Texas’ redistricting plans. The justices this week refused to review the state’s appeal of […]

MALDEF sues over provision of border bill

Worth watching. The Mexican American Legal Defense and Educational Fund, or MALDEF, filed suit Sunday against Gov. Greg Abbott, Texas Department of Public Safety Director Steve McCraw and the Texas Public Safety Commission, which oversees the DPS. The group alleges that the state has violated the U.S. Constitution’s Supremacy Clause because immigration enforcement is only […]

SCOTUS to hear immigration executive order case

It’s on. The Supreme Court on Tuesday said it will decide whether President Obama has the authority to declare that millions of illegal immigrants be allowed to remain and work in the United States without fear of deportation. The court will probably hear the case in April, with a ruling before it adjourns in June. […]

Inevitable “birther” lawsuit filed against Ted Cruz

Houston, represent! Republican presidential contender Ted Cruz should be disqualified from the race because he isn’t a “natural-born citizen,” a fellow Texan claims in a “birther” challenge filed against the senator in a U.S. court. The suit seeks a court definition of the term to clarify whether Cruz — who was born in Canada to […]

Two abortion stories

The amicus briefs are being filed in the HB2 case. The Obama administration on Monday urged the U.S. Supreme Court to strike down a Texas abortion law that has shuttered nearly half the clinics in the state, saying the Republican-backed regulations would harm rather than protect women’s health. […] If allowed to take full effect, […]

Date set for SCOTUS HB2 arguments

Mark your calendars. The U.S. Supreme Court will hear arguments about the constitutionality of Texas’ strict anti-abortion law on March 2, the justices announced Thursday, setting a date for a hotly anticipated fight that could affect women’s health policy across the country. The scheduling puts the case on track for a ruling by the end […]

The arguments in the “one person, one vote” case

Here’s the Chron story: “We start with the proposition that one person can’t be given two votes, while their neighbor be given one vote,” said Arlington, Va., attorney William Consovoy, arguing Evenwel’s case before the high court. Texas officials argued that the state – like every other state and the U.S. House of Representatives – […]

Oral arguments in “one man, one vote” case today

High stakes, indeed. The U.S. Supreme Court will hear oral arguments Tuesday in a case that could have far-reaching implications for the way legislative districts in Texas — and across the country — are drawn. A coalition of Texas legislators, mostly Democrats, fears that if voters suing the state succeed, minority communities will have significantly […]

SCOTUS denies 30-Day Extension in Immigration Case

Good. The Supreme Court on Tuesday granted twenty-six states an extra eight days to file their response to the Obama administration’s appeal in defense of its broad new immigration policy. That extension — considerably less than the added thirty days the states had sought — makes it more likely that the case, United States v. […]

Feds respond to request for delay of immigration appeal

Counterpoint: It was the federal government’s move Tuesday, and the U.S. Department of Justice asked the court to reject Texas’ request for a 30-day extension to file its brief in the case, but says it is open to an eight-day delay if the response is “physically on file” at that time. A full delay could […]

State wants delay on immigration appeal

Of course it does. The Texas Attorney General’s office is asking the U.S. Supreme Court for an extra 30 days to respond to the Obama Administration’s appeal of lower court rulings that have blocked controversial changes in immigration enforcement. The move could affect the timing of a final decision on the program, known as Deferred […]

More rules against polluting your neighbors proposed

Good. The Environmental Protection Agency proposed tougher new limits on Tuesday on smokestack emissions from Texas and 22 other states that burden downwind areas with air pollution from power plants they can’t control. At the same time, the EPA moved to remove two states — South Carolina and Florida — from the “good neighbor” rules, […]

Obama appeals immigration order ruling to SCOTUS

As expected. The Obama administration on Friday asked the United States Supreme Court to review a federal appellate court’s ruling that struck down the president’s controversial immigration program. The request comes exactly one year after the program, called Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, was announced by the president. […]

SCOTUS to hear HB2 appeal

Gird your loins. Setting up what could be a landmark decision, the U.S. Supreme Court on Friday agreed to take up a legal challenge to Texas’ 2013 abortion law, which could shut down about half of the state’s 19 remaining abortion clinics. The restrictions, passed as part of House Bill 2, would require that Texas […]

Fifth Circuit denies Obama immigration executive order appeal

Alas. A three-judge panel of the U.S. 5th Circuit Court of Appeals has once again ruled against the Obama administration’s controversial immigration program, upholding a lower court’s injunction barring the plan from taking effect while awaiting the outcome of a full trial on the lawsuit’s underlying arguments. The policy, called Deferred Action for Parents of […]

HBU contraception lawsuit goes to SCOTUS

Here we go. The U.S. Supreme Court will decide whether religious nonprofits should be required to provide birth control benefits to female employees even if the employers object to certain contraceptives on religious grounds. The court announced Friday that it would consider a case brought by East Texas Baptist University and Houston Baptist University against […]

The inevitable latest lawsuit against the EPA

As night follows the day. As promised, Texas is suing the U.S. Environmental Protection Agency over President Obama’s plan to combat climate change, Attorney General Ken Paxton announced Friday, just after the new regulation had been finalized. The state is suing as part of a bipartisan coalition of 24 states — including Missouri and Kentucky, […]

Full Fifth circuit denies HBU in contraception lawsuit

Still no joy for them. A federal appeals court will not reconsider its ruling, delivered in June, that the Affordable Care Act’s contraceptive rules do not violate the religious freedom of church-based organizations in Texas. The religious organizations, including two Catholic dioceses and the University of Dallas, had asked the full 5th U.S. Circuit Court […]

State asks SCOTUS to not take up HB2 appeal

They win by default that way, so why would they want to have to take their chances? Texas attorney general Ken Paxton on Monday asked the U.S. Supreme Court to turn away a legal challenge to the state’s abortion restrictions filed by a coalition of abortion providers. The abortion providers appealed to the high court […]

How much do you hate same sex marriage?

Not as much as this guy does. Ammon J. Taylor of San Antonio is so vehemently opposed to same-sex marriage that he took the unusual step of forming a federal super PAC to fight it. The 27-year-old salesman is taking a seldom-tried — some would say improbable — approach. He wants to muster a convention […]

$8 million and counting for voter ID litigation

Ka-ching. Republicans used their majority in 2011 to muscle through the Legislature a controversial voter ID law and new redistricting maps — and Texas taxpayers haven’t stopped picking up the bill for the state to defend those measures in courts ever since. Texas’ total legal tab to date: more than $8 million, data obtained under […]

Paxton still fighting same sex marriage

Some things never change. Despite his recent pledge to comply with the U.S. Supreme Court’s same-sex marriage ruling, Attorney General Ken Paxton is already seeking to prevent the decision from being applied in an Austin estate case. Paxton’s office filed a motion August 25 in Travis County’s probate court aimed at blocking an Austin woman […]

The stakes in the voter ID appeal

Rick Hasen lays it out. Don’t worry, Chief Justice John Roberts assured the American public in that 2013 case, Shelby County v. Holder. Although states with a history of racial discrimination would no longer be subject to federal “preclearance” of voting changes because preclearance offends the “equal sovereignty” of states such as Texas, there’s always […]

State gets the bill for fighting same sex marriage

Please pay promptly. The attorneys for same-sex couples who successfully challenged Texas’ gay marriage ban in federal court are seeking nearly three-quarters of a million dollars in fees and costs from the state. In a 27-page motion filed Friday, attorneys from Akin Gump Strauss Hauer & Feld in San Antonio asked U.S. District Judge Orlando […]

Paxton’s contempt saga officially ends

I’m sure he’s so relieved. A federal judge has canceled next week’s contempt-of-court hearing for Attorney General Ken Paxton, saying it is not needed because Texas government agencies have begun acknowledging same-sex marriages. U.S. District Judge Orlando Garcia had ordered Paxton and a state health official to appear in his San Antonio courtroom last month […]

Abortion providers go to SCOTUS

I sure hope this works out. Texas abortion providers on Wednesday asked the U.S. Supreme Court to take up their legal challenge to two provisions of the state’s strict abortion law. After losing at the appellate level, a coalition of abortion providers is asking the high court for a reprieve from restrictions passed by the […]

Divorce granted to same sex couple in Tarrant County

At some point, stories like this will cease to be news. It took two Tarrant County women nearly two years to legally end their failed marriage because of the tangle of state and federal law. But on Thursday, Brooke Powell and Cori Jo Long were finally divorced after a five-minute hearing before state District Judge […]

The cost of defying the law on same sex marriage

Nearly $44K in attorneys’ fees, and it could have been worse. It has been a month since Joe Stapleton and Jim Cato finally got the marriage license Hood County Clerk Katie Lang denied them because of her religious beliefs. It only took a federal lawsuit to get it. Today that suit was settled, and according […]

State issues new guidelines for birth and death certificates

That was quick. The state has issued new guidelines for filing and changing vital records to recognize same-sex marriage status, as ordered by a federal judge in San Antonio In a court advisory filed late Wednesday, the Texas Attorney General’s Office and the Texas Department of State Health Services said they believe the new guidelines […]

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 […]

State Health Services department finally amends that death certificate

Good. Complying with a federal court order, Texas has issued an amended death certificate acknowledging a Conroe man as the husband of a same-sex spouse who had died in January. The men had been married in New Mexico in 2014, when Texas still banned gay marriage. Shortly after the change was made Thursday night, state […]

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” […]