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Posts Tagged ‘SCOTUS’

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 […]

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 […]

What to expect from the DACA announcement

So today is the long-awaited, should-have-happened-months-ago announcement of executive action by President Obama on immigration enforcement and deportation. Stace, the Observer, and Politico have good overviews of what to expect. I personally hope Obama goes big, but whatever he does do the one other thing you can expect is a lawsuit. Rick Perry said Wednesday […]

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 […]

Art Murillo

Congratulations to Art Murillo, the first person of color elected to the Lone Star College Board of Trustees. Need I mention that it took a lawsuit for this to happen? Murillo, who is Latino, at one time might have seemed a long shot to win a seat on the Lone Star College board of trustees. […]

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 […]

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 […]