Christian Menefee
Harris County Attorney Christian Menefee wants to go on the offense against President Donald Trump’s executive orders, which he argues would have lasting effects on Harris County.
Harris County Commissioners approved the county attorney’s request to pursue litigation for six months to challenge any of these orders or “associated rules and regulations” that could impact county operations.
Precinct 3 Commissioner Tom Ramsey, the only Republican, was the sole dissenting vote. Harris County Judge Lina Hidalgo was absent when they took action on the item after discussing it during executive session.
Since the current administration took over, Menefee has been a vocal opponent of the president’s moves. Notably, Menefee and Precinct 2 Commissioner Adrian Garcia signed onto an amicus brief last month to back 18 Democratic states, D.C. and San Francisco in their legal fight against Trump’s executive order to end birthright citizenship.
The suit argues that birthright citizenship has been enshrined under the 14th Amendment for over a century and that Trump does not have the constitutional authority to rewrite the law. A hearing in the case is set for Friday in a Massachusetts court.
“The Fourteenth Amendment is not up for debate, If you’re born on U.S. soil, you’re a U.S. citizen. Full stop,” Menefee said in a statement. “This Executive Order is a blatant attempt to write the Constitution by executive fiat, and it’s our responsibility to fight back.”
Menefee and Garcia’s participation in the amicus brief is the first tangible act by local officials against Trump’s recent immigration-related policies. Houston-area Congresswoman Sylvia Garcia also hosted a “Know Your Rights” town hall in late January to provide residents with information regarding immigration rights.
I’m not going to try to keep up with all the legal action that’s now happening – there’s too much, and there are plenty of better sources on the Internet if that’s what you seek. I do expect there to be other opportunities just on this one front, and I’ll follow them as best I can. I have faith that County Attorney Menefee is up to the task.
I'm joining the legal fight against President Trump.
@adriangarciahtx.bsky.social and I are challenging Trump’s executive order ending birthright citizenship.
The Constitution is clear: If you’re born in the U.S., you’re a citizen. Full stop.
www.houstonchronicle.com/news/houston…
— Christian D. Menefee (@cdmenefee.bsky.social) January 30, 2025 at 9:15 AM
Yes, he’s on BlueSky, though he doesn’t post there as often as he does on the cursed site. Maybe if he gets more engagement on BSky, that will change.
WE TOO
There is nothing remarkable about a state or political unit (or public official) filing an amicus curiae brief in litigation brought by others. Not to mention just joining one.
Bringing suit and legal challenges is a different story. That’s where it’s at. Court don’t adjudicate amicus briefs. That said, …
CITIZEN AMICI CAN (and should) MAKE THEMSELVES HEARD IN TEXAS
What few people know is that the rule for friend-of-the-court participation in Texas appellate courts are much more liberal than the federal regime.
You don’t even have to be a lawyer (or hire one) to let the Texas Supreme Court know what you think about an issue they may look at in a particular petition for review (or have already agreed to hear). You don’t need prior consent of the parties in the case either; nor is there a submission deadline.
Although the rules call for a compliant brief in a form emulating a party brief, the Texas Supreme Court routinely accepts letter submissions also. But mostly these are by peripherally interested non-parties and interest groups who tell the court how they are likely to be affected (and how the court should rule to protect them), and sometimes by law profs who take an interest in a particulare legal or public policy issue. But interest groups and industry actors (individually or organisationally) are the most common amici.
Here is the rule:
Rule 11 [of the Texas Rules of Appellate Procedure]. Amicus Curiae Briefs
An appellate clerk may receive, but not file, an amicus
curiae brief. But the court for good cause may refuse to consider
the brief and order that it be returned. An amicus curiae brief
must:
(a) comply with the briefing rules for parties;
(b) identify the person or entity on whose behalf the
brief is tendered;
(c) disclose the source of any fee paid or to be paid for
preparing the brief; and
(d) certify that copies have been served on all parties.
Here is a pre-pandemic report of amicus activity in the SCOTX:
Hirczy de Mino, Wolfgang, Who Files Amicus Curiae Briefs in the Texas Supreme Court? – 2020 Edition (February 27, 2020). Available at SSRN: https://ssrn.com/abstract=3545676
Given the ideological and political homogeneity of the Texas high court, and the resulting reluctance of appellate practitioners to make daring arguments (or even offer common sense sometimes), Texans from a wide variety of backgrounds should weigh in through amicus briefs, rather leaving it all up to the appellate lawyers. All of the latter operate in a bubble and are compelled by briefing convention to reinforce the self-referentiality of the Court of last resort. This entails doctrinal path dependency and makes self-correction well-neigh impossible. Unlike the situation at the SCOTUS, there is no partisan rift on the court, and the separate opinions, if any, are mostly rather tame. One notable recent exception was the dissent (by 2 only) in Webster v. Commission for Lawyer Discipline.
The benefit of ideological and partisan diversity on a court is to keep the majority intellectually honest. If everyone shares the same assumtions and inclinations, you get groupthink and astonishing rulings.
Just one astonishing holding: It is axiomatic that state officials are immune from suits complainging that they did wrong or causes injury (A Republican version of “The King and has officialdom can do no wrong”). In the lingo of the plebes: We are the State. We get to do whatever. The subjects be screwed.
What President Musk and his lackey trump are doing is dismantling all of the checks and balances that are at the heart of the American system of government as outlined in the Constitution. Project 2025 is all about getting rid of the Constitution, because it is in the way. They hate it because it allows all kinds of things that they cannot stand, like diverse viewpoints and freedom of expression. Who wants a bunch of queers and gooks and Mexicans being all up in the government and stuff? Talking on the news and making everyone look at them? White people took over this country so they could run everything and the stuff in the Constitution is messing that up, so it has to go. They hate the Constitution because they hate the USA as it is now with all the liberal freedoms.
What the conservatives would love is an America that only practices rural white Bible culture, where hard drinking and family violence is common, and the Preacher hollers about fire and brimstone on Sunday before coaxing little Darlene to come and sit on his lap. Real America, where family time is Dad sitting in his lounger with a beer in one hand and his belt in the other, watching the game and no backtalk. The kids now know their only chance is if the Cowboys win, otherwise there is no place to hide. They can’t count on Mom, who is in the other room holding her Bible and quietly praying to a mythical God who never comes to help no matter how hard she tries. An America where no one who is different dares to show themselves or speak out.
Conservatives have spent patient years getting their Federalist Society judges inserted all through the American judicial system so they can get the the rulings they want, the ones that bend, break, or simple ignore all of the principles of the Constitution that have made this country great. Polls show that most Americans finally realize that the Supreme Court is a disaster, but even so many of them voted for the bastards that ruined it in the first place.
That is what I just cannot understand. And now we are counting on this awful Court so save us from these fucking America-hating bastards. I greatly fear that they will not.