Tag Archives: Fifth Circuit Court of Appeals

SCOTUS upholds Texas’ anti-porn law

Posted on June 28, 2025 by Charles Kuffner

Welp. Texas’ law requiring Pornhub and other adult websites to verify users’ ages is constitutional and can remain in effect, the U.S. Supreme Court ruled on Friday. The case stems from a 2023 law, HB 1181, that required websites to verify … Continue reading →

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ACLU and other interest groups seek to intervene in Texas Dream Act lawsuit

Posted on June 27, 2025 by Charles Kuffner

Good. The American Civil Liberties Union (ACLU) of Texas, Texas Civil Rights Project, Democracy Forward, National Immigration Law Center, and the Dallas-based firm of Lynn Pinker Hurst & Schwegmann filed a motion to intervene today in ongoing federal court litigation — on … Continue reading →

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SCOTx rules for San Antonio in the Brackenridge Park religious liberties case

Posted on June 26, 2025 by Charles Kuffner

Noted for the record. The Texas Supreme Court has sided with the City of San Antonio in a dispute involving a Native American church that worships at Brackenridge Park. The case centers on the Lipan- Apache Native American Church, who … Continue reading →

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Undocumented students want to challenge that ridiculous settlement

Posted on June 13, 2025 by Charles Kuffner

Seems clear to me that they should be allowed to intervene, but the same judge that allowed the settlement has to allow this as well. A group of undocumented students on Wednesday asked a judge to let them intervene in … Continue reading →

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Texas DREAM Act suddenly killed by activist judge

Posted on June 6, 2025 by Charles Kuffner

This is some bullshit. Undocumented students in Texas are no longer eligible for in-state tuition after Texas agreed Wednesday with the federal government’s demand to stop the practice. The abrupt end to Texas’ 24-year-old law came hours after the U.S. … Continue reading →

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Spring Branch ID to appeal redistricting verdict

Posted on May 15, 2025 by Charles Kuffner

As expected. Spring Branch ISD officials plan to appeal last month’s federal ruling that the district violated the Voting Rights Act of 1965 by holding at-large elections, the board president said Monday night after an executive session discussion. While awaiting … Continue reading →

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Be wary of the Trump mifepristone strategy

Posted on May 11, 2025 by Charles Kuffner

Hmmmm. On Monday, Trump’s Justice Department slotted into a long-running, right-wing effort to get the abortion drug mifepristone restricted or yanked from the market altogether. Instead of joining forces with the red states challenging the drug, though, it largely picked … Continue reading →

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Justice Department drops Texas redistricting lawsuit

Posted on March 14, 2025 by Charles Kuffner

Can’t say I’m surprised. The U.S. Justice Department withdrew from a lawsuit alleging that Texas’ legislative and congressional district maps drawn after the 2020 U.S. census discriminated against Latino and Black voters by denying them an equal opportunity to participate … Continue reading →

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A brief update on that bonkers bankruptcy court saga

Posted on January 26, 2025 by Charles Kuffner

Just because I came across it, I felt it was worth sharing. In October 2023, U.S. Bankruptcy Judge David R. Jones resigned from the bench. A Houston judge frequently touted for the sheer volume of bankruptcy cases his court handled, Jones stepped down after … Continue reading →

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Next assault on mifepristone gets the rubber stamp

Posted on January 19, 2025 by Charles Kuffner

Here it comes. The Texas judge who previously halted approval of the nation’s most common method of abortion ruled Thursday that three states can move ahead with another attempt to roll back federal rules and make it harder for people across … Continue reading →

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SCOTUS hears the Texas anti-porn case

Posted on January 16, 2025 by Charles Kuffner

There’s a lot on the line here. The U.S. Supreme Court on Wednesday appeared conflicted over whether a Texas law regulating adult entertainment websites infringes upon First Amendment free speech rights of adults seeking to access online pornography. At issue … Continue reading →

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The birds and the trees and the religious liberties

Posted on December 15, 2024 by Charles Kuffner

I really don’t know what to make of this, which is a story about an unusual religious liberties lawsuit that the city of San Antonio and the 2021 constitutional amendment that expanded religious freedom in Texas, stemming from a backlash … Continue reading →

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“Scandal of epic proportions” in the bankruptcy courts

Posted on October 31, 2024 by Charles Kuffner

This story is bonkers. Usually confident to the point of coming across self-righteous, Houston Bankruptcy Judge David Jones’ voice quivered as he stated repeatedly, “I don’t know. I don’t know. I don’t know what is going to happen next. I … Continue reading →

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Fifth Circuit pauses vote harvesting injunction

Posted on October 17, 2024 by Charles Kuffner

Here they come to do what they do. A federal appeals court has temporarily reinstated portions of Texas’ 2021 voting law regulating ballot handling, ruling that a judge’s previous decision to strike certain rules came too close to the 2024 … Continue reading →

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Fifth Circuit hears drag ban appeal

Posted on October 12, 2024 by Charles Kuffner

Hope for the best as always. A Fifth Circuit panel grappled with questions of free speech and expression on Wednesday as it deliberated whether to uphold a lower court’s ruling that a Texas law dealing with sexually explicit performances and … Continue reading →

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SCOTUS leaves Texas anti-EMTALA ruling in place

Posted on October 8, 2024 by Charles Kuffner

Another reminder of what the stakes are this election, in case you needed it. The Supreme Court on Monday refused to require doctors in Texas to perform certain emergency abortions when the procedure would conflict with the state’s strict abortion … Continue reading →

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Court reform has to be about more than just SCOTUS

Posted on September 29, 2024 by Charles Kuffner

Exhibit A. Texas Attorney General Ken Paxton returned to court on Thursday to press his case against the Biden administration’s workforce protections for transgender employees. Texas’s lawsuit, filed in federal court on Thursday against the Equal Employment Opportunity Commission and … Continue reading →

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Trial begins in Spring Branch ISD single member district lawsuit

Posted on September 11, 2024 by Charles Kuffner

Another big case in court this week. A lawsuit against Spring Branch ISD got its day in court Monday, after three years floating in the legal ether waiting for rulings from similar cases to play out. The suit, filed by … Continue reading →

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Full Fifth Circuit overturns Galveston redistricting ruling

Posted on August 5, 2024 by Charles Kuffner

Terrible. They’re just making this shit up as they go. Distinct minority groups cannot join together in coalitions to claim their votes are diluted in redistricting cases under the Voting Rights Act, a divided federal appeals court ruled Thursday, acknowledging … Continue reading →

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SCOTUS to hear appeal of Texas’ anti-porn law

Posted on July 5, 2024 by Charles Kuffner

The hits are already coming. The Supreme Court on Tuesday said it will consider a challenge to a Texas law that requires pornographic websites to verify the ages of their visitors. The dispute centers around Texas House Bill 1181, which … Continue reading →

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SCOTUS keeps Texas’ stupid social media censorship law blocked

Posted on July 2, 2024 by Charles Kuffner

The US Supreme Court did an awful lot of Very Bad Things this past week. You don’t need me to get into that, the entire Internet is screaming about it, with much justification. They also did at least one not … Continue reading →

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We are still being teased with “Feds investigating Paxton” stories

Posted on June 28, 2024 by Charles Kuffner

Please let this be true, please let this be true, please let this be true… A federal appeals court last week rejected an unnamed Texas agency’s attempt to withhold records and shield its employees from appearing before a grand jury … Continue reading →

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The leaked EMTALA draft is not a victory

Posted on June 27, 2024 by Charles Kuffner

This hit the internet like a thunderstorm yesterday. The US Supreme Court is poised to allow abortions in medical emergencies in Idaho, according to a copy of an opinion that was briefly posted on the court’s website. The decision would … Continue reading →

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Even the Fifth Circuit occasionally finds a limit

Posted on June 24, 2024 by Charles Kuffner

Remarkable. While it upheld the crux of a right-wing district judge’s ruling on a major Affordable Care Act case Friday, a panel of judges on the 5th Circuit Court of Appeals accused that district judge of abusing his discretion by … Continue reading →

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SCOTUS swats away that bogus mifepristone case

Posted on June 14, 2024 by Charles Kuffner

A good and expected result, though the door for future challenges remains open. A unanimous Supreme Court ruled Thursday that the anti-abortion doctor plaintiffs in a major mifepristone case lack standing to reimpose restrictions on the drug. The case presented … Continue reading →

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Fifth Circuit partially upholds ruling that ordered library books back on shelves in Llano County

Posted on June 10, 2024 by Charles Kuffner

This is a lot. Eight books dealing with subjects including racism and transgender issues must be returned to library shelves in a rural Texas county that had removed them in an ongoing book banning controversy, a divided panel of three … Continue reading →

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SCOTx upholds abortion ban in Zurawski lawsuit

Posted on June 1, 2024 by Charles Kuffner

I don’t know if the Supreme Court intended to bury the news of this stinker of a ruling on a Friday, but boy howdy if that was their intent did they ever pick the right Friday to do it on. … Continue reading →

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Full Fifth Circuit hears Galveston redistricting case

Posted on May 19, 2024 by Charles Kuffner

Always hard to feel any optimism when these guys are involved. Conservatives on the 5th Circuit Court of Appeals occasionally sounded like Fox News talking heads Tuesday as they weighed whether coalitions composed of multiple minority groups are protected under … Continue reading →

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We sure Ken Paxton isn’t investing in VPNs?

Posted on May 11, 2024 by Charles Kuffner

I mean… When she saw that Pornhub was disabling access in Texas, Express VPN privacy advocate Lauren Hendry Parsons’s reaction was rooted in what she’s seen the past few years. “Honestly, all I thought was, here we go again,” Parsons … Continue reading →

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The problem with Texas’ anti-porn law

Posted on May 2, 2024 by Charles Kuffner

Here’s a good explanation of the issue from Slate. After a federal district court judge found that the law likely violated the First Amendment rights of the plaintiffs—led by the adult film trade association the Free Speech Coalition—the 5th Circuit … Continue reading →

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SCOTUS leaves anti-porn law in place for now

Posted on May 1, 2024 by Charles Kuffner

No emergency intervention, but the appeal on the merits is still ongoing. The Supreme Court refused on Tuesday to block a Texas law that seeks to limit minors’ access to pornography on the internet by requiring age verification measures like … Continue reading →

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SCOTUS hears the EMTALA case

Posted on April 25, 2024 by Charles Kuffner

Hope for the best, but be prepared for the worst. The Supreme Court appeared split Wednesday in a case over whether a federal law requiring hospitals to provide appropriate stabilizing medical treatment for patients could in some cases overrule a … Continue reading →

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Book ban law stays blocked

Posted on April 18, 2024 by Charles Kuffner

Good. Key portions of a law signed last year by Gov. Greg Abbott requiring booksellers to rate books for sexual content when selling to schools will not go into effect after the 5th Circuit Court of Appeals on Tuesday declined … Continue reading →

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Trying again on judge shopping

Posted on April 15, 2024 by Charles Kuffner

If at first you don’t succeed… U.S. Senate leaders introduced legislation to end “judge shopping” — a practice that’s made a federal courthouse in Amarillo with a Trump-appointed judge a destination for conservative litigants challenging Biden administration policies. Senate Majority … Continue reading →

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