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Posts Tagged ‘SCOTUS’

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” […]

There’s more to complying with SCOTUS than issuing marriage licenses

Looks like Ken Paxton may get to learn that the hard way. A federal judge ruled Wednesday that Texas must recognize the same-sex marriage of a Conroe resident by naming him as the surviving spouse on his late husband’s death certificate. And U.S. District Judge Orlando Garcia also ordered Texas Attorney General Ken Paxton and […]

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 […]