Category Archives: Legal matters

Trump goes all in against health care

Posted on March 27, 2019 by Charles Kuffner

Game on. The Trump administration wants the federal courts to overturn the Affordable Care Act in its entirety, an escalation of its legal assault against the health care law. The Justice Department said in a brief filed on Monday that the administration supports a … Continue reading →

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World’s worst pastors drop Austin equal rights lawsuit

Posted on March 26, 2019 by Charles Kuffner

Good. A conservative Christian organization has dropped a federal lawsuitthat sought to overturn an Austin anti-discrimination ordinance that offers employment protection based on sexual orientation and gender identity. Dave Welch, head of the Houston-based U.S. Pastor Council, said the decision was … Continue reading →

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An overview on bail reform

Posted on March 24, 2019 by Charles Kuffner

From Mother Jones, a look at how bail reform is progressing in Harris County. I’m going to focus on the part about the second bail-related lawsuit, which covers felony arrests. A federal judge in Harris County is currently considering a … Continue reading →

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Fifth Circuit wants to see how much it can gut abortion rights before it acts

Posted on March 15, 2019 by Charles Kuffner

That’s the takeaway you should have from this. A Texas law banning a common second-trimester abortion procedure will remain blocked after federal judges Wednesday postponed a decision until the Supreme Court takes action on a similar case. A federal district … Continue reading →

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Harris County settles ADA voting rights lawsuit

Posted on March 13, 2019 by Charles Kuffner

Chalk up another accomplishment for our new county overlords. The U.S. Department of Justice will monitor Harris County elections, at county expense, for up to four years under the settlement of a federal lawsuit over inadequate access to polling places … Continue reading →

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A second win for plaintiffs in Census citizenship question lawsuit

Posted on March 11, 2019 by Charles Kuffner

It’s all up to SCOTUS now. Commerce Secretary Wilbur Ross acted in “bad faith,” broke several laws and violated the constitutional underpinning of representative democracy when he added a citizenship question to the 2020 Census, a federal judge ruled Wednesday. In finding … Continue reading →

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What can you legally wear when you go to vote?

Posted on March 4, 2019 by Charles Kuffner

That’s the subject of a lawsuit involving voters from Houston and Dallas. A Houston woman who was forced to turn a firefighters T-shirt inside out at the polls and a Dallas-area man who tried to vote in his Trump MAGA … Continue reading →

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Not so open meetings

Posted on March 1, 2019 by Charles Kuffner

We’ll have to see how big a deal this is. In a major blow to the state’s government transparency laws, Texas’ highest criminal court has struck down a significant provision of the Texas Open Meetings Act, calling it “unconstitutionally vague.” … Continue reading →

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Judge blocks any voter purges from the SOS advisory

Posted on February 28, 2019 by Charles Kuffner

Good. Let’s hope this lasts. In a major victory for voting rights groups, a federal judge has ordered that no Texas county should purge suspected noncitizen voters from the rolls or issue letters demanding that they prove their citizenship “without … Continue reading →

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Testimony ends in SOS advisory lawsuit

Posted on February 26, 2019 by Charles Kuffner

Now we wait for a ruling. We’ve already sort of gotten one, but it’s not all official yet. As part of an ongoing flurry of litigation in federal court here over the state’s bungled citizenship review of its voter rolls, … Continue reading →

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Same sex employee benefits lawsuit tossed again

Posted on February 25, 2019 by Charles Kuffner

This is great, but as always that’s not the end of it. The lawsuit dates back to 2013, when pastor Jack Pidgeon and accountant Larry Hicks sued the city to end the policy. In 2015, after the U.S. Supreme Court … Continue reading →

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SOS advisory lawsuit continues

Posted on February 22, 2019 by Charles Kuffner

From Day Two of testimony: Despite a glaring error in the original data that questioned the citizenship status of tens of thousands of registered voters, a state elections official defended the investigation in federal court Wednesday, saying some potential illegal … Continue reading →

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First day in court for SOS advisory lawsuits

Posted on February 20, 2019 by Charles Kuffner

First day for the first lawsuit, one of three filed against that bogus SOS advisory. A federal judge in San Antonio will hear arguments Tuesday in one of three legal challenges to the state’s initiative to purge tens of thousands … Continue reading →

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A lawsuit against bail reform

Posted on February 17, 2019 by Charles Kuffner

That would be a No from me. A Harris County judge has sided with lawyers for the Harris County Sheriff’s Office and a slate of new Democratic judges vying to loosen misdemeanor bail rules this weekend, rather than grant a … Continue reading →

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Texas Central gets an adverse court ruling

Posted on February 16, 2019 by Charles Kuffner

Hard to say how much effect this will have. The planned high-speed rail project from Houston to Dallas hit a big obstacle last week in rural Leon County when a judge there declared the project’s backers did not have authority … Continue reading →

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Whitley’s “apology”

Posted on February 15, 2019 by Charles Kuffner

He can do a lot better than this. He should do a lot better than this if he wants to get confirmed. Facing an uncertain path to confirmation after ordering a deeply flawed voter citizenship review that seemingly focused on … Continue reading →

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Time again to talk judicial elections

Posted on February 11, 2019 by Charles Kuffner

Here we go again, like it or not. In the wake of a midterm election that swept some 20 Republican appellate judges out of office, Texas Supreme Court Chief Justice Nathan Hecht called on the Texas Legislature to reform a … Continue reading →

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Paxton asks for summary judgement to end DACA

Posted on February 6, 2019 by Charles Kuffner

Not much coverage of this, and I’m not sure what that means. Texas Attorney General Ken Paxton on Monday asked a federal judge to strike down Obama-era deportation protections for immigrants whose parents brought them to the United States illegally … Continue reading →

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Three times a lawsuit

Posted on February 5, 2019 by Charles Kuffner

Hat trick! A group of civil and voting rights organizations is suing the state’s chief election officers and local election officials in five counties, claiming Texas’ voter citizenship review efforts are unconstitutional because they intentionally target naturalized citizens and voters … Continue reading →

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Second lawsuit filed over bogus SOS advisory

Posted on February 4, 2019 by Charles Kuffner

Keep ’em coming. A group of Latino voters is suing top state officials who they allege unlawfully conspired to violate their constitutional rights by singling them out for investigation and removal from the voter rolls because they are foreign-born. Filed … Continue reading →

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Bail reform settlement looks to be a go

Posted on February 4, 2019 by Charles Kuffner

Excellent news. Chief U.S. District Court Judge Lee H. Rosenthal on Friday offered initial support for new bail rules proposed by Harris County, signaling the three-year lawsuit challenging the county’s cash bond system soon may reach its conclusion. The settlement … Continue reading →

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Orlando Sanchez files $1 million lawsuit against water-pourer

Posted on February 4, 2019 by Charles Kuffner

Oh, good grief. The former Harris County treasurer has sued a man for $1 million after water was poured on his head during a news conference about HISD in December. Orlando Sanchez, who lost his re-election campaign in November, filed … Continue reading →

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SOS advisory lawsuit update

Posted on February 3, 2019 by Charles Kuffner

Add another plaintiff, litigate till done. A naturalized citizen — who immigrated to Texas from the United Kingdom and is a registered voter — is joining a Latino civil rights group in suing top Texas officials after her voter registration … Continue reading →

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Bail lawsuit 2.0

Posted on January 24, 2019 by Charles Kuffner

This one will be tougher to tackle, but the principle remains the same. A hard-fought battle to reform Harris County’s bail system has prompted a second civil rights action. The legal team that successfully challenged the county’s bail practices for … Continue reading →

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MALDEF Census lawsuit in court

Posted on January 23, 2019 by Charles Kuffner

Census lawsuit #2. In a federal courtroom in Maryland on Tuesday, lawyers representing the Mexican American Legislative Caucus, the Senate Hispanic Caucus and several Texas-based nonprofits that advocate for Latino and Asian residents will set out to convince U.S. District … Continue reading →

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Bail lawsuit continues in Galveston County

Posted on January 19, 2019 by Charles Kuffner

Good. A lawsuit alleging that Galveston County’s cash bail system favors wealthier defendants will continue after a recent ruling by a U.S. district court judge. On Jan. 10, Judge George Hanks Jr. upheld Magistrate Judge Andrew Edison’s denial of the … Continue reading →

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Fifth Circuit does it again

Posted on January 18, 2019 by Charles Kuffner

Another terrible ruling by a terrible judge on a terrible court. A federal appeals court has lifted a lower court order that blocked Texas from booting Planned Parenthood out of Medicaid, potentially imperiling the health care provider’s participation in the … Continue reading →

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We really are about to do away with the old cash bail system

Posted on January 18, 2019 by Charles Kuffner

I have four things to say about this. The new slate of Democratic judges has approved a drastic revision to Harris County’s bail system that could serve as a model for a settlement in the historic lawsuit in which a … Continue reading →

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Trump administration opposes Section 3 oversight

Posted on January 17, 2019 by Charles Kuffner

I mean, duh. In the latest about-face on voting rights under President Donald Trump, the U.S. Department of Justice no longer supports efforts to force Texas back under federal oversight of its electoral map drawing. In legal filings this week, … Continue reading →

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Plaintiffs win in Census citizenship question lawsuit

Posted on January 16, 2019 by Charles Kuffner

Very good news. A federal judge on Tuesday blocked the Trump administration’s plan to add a citizenship question to the 2020 census, with an opinion that found the move by Commerce Secretary Wilbur Ross violated the Administrative Procedure Act. Furman’s … Continue reading →

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Omnibus lawsuit against Texas abortion laws begins

Posted on January 9, 2019 by Charles Kuffner

Gotta say, I’m less optimistic about this now than I was when it was filed. State attorneys and lawyers representing reproductive rights groups argued in federal court Monday over whether a sweeping lawsuit challenging more than 60 Texas abortion regulations … Continue reading →

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Appeal of bail injunction dropped

Posted on January 8, 2019 by Charles Kuffner

Elections have consequences, and thank goodness for it. Less than a week after the new jurists were sworn into office, Harris County’s misdemeanor judges on Monday withdrew their appeal in the landmark lawsuit over local bail practices that a federal … Continue reading →

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Anti-Obamacare ruling appealed

Posted on January 6, 2019 by Charles Kuffner

The big non-Mueller story to follow for 2019. The Democratic coalition of states battling Texas over the fate of the Affordable Care Act has formally begun the process of challenging a Dec. 14 decision ruling the law unconstitutional in its … Continue reading →

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Ridiculous anti-Obamacare ruling remains on hold

Posted on January 2, 2019 by Charles Kuffner

It is what it is. The federal judge in Texas who ruled the Affordable Care Act unconstitutional said today that the law can stand while his judgment is under appeal. In his order issuing a stay and final partial judgment … Continue reading →

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