Category Archives: Legal matters

Butterflies versus the wall

Posted on October 21, 2017 by Charles Kuffner

Go, butterflies! The National Butterfly Center in South Texas sent a certified letter to the Department of Homeland Security (DHS) Wednesday stating its intent to sue over the construction of a border wall on its private property. In July, Marianna … Continue reading →

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Paxton wants voter ID lawsuit to be over

Posted on October 20, 2017 by Charles Kuffner

I can think of one way he can make that happen. That’s not what he’s asking for, alas. The fight over the state’s embattled voter ID laws should be over, Texas Attorney General Ken Paxton argued in a new court … Continue reading →

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Paxton officially appeals redistricting ruling to SCOTUS

Posted on October 19, 2017 by Charles Kuffner

Here we go. Attorney General Ken Paxton asked the U.S. Supreme Court on Tuesday to take up an appeal of a lower court ruling that invalidated two of Texas’ congressional districts. “It’s fitting that the Supreme Court hear this case, … Continue reading →

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Abbott loses nativity lawsuit

Posted on October 18, 2017 by Charles Kuffner

Merry secular Christmas! A federal judge ruled against Texas Gov. Greg Abbott’s decision two years ago to remove a mock Nativity display from the Texas Capitol that advocated the separation and church state. U.S. District Judge Sam Sparks ruled late … Continue reading →

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Wilson sues HCC

Posted on October 13, 2017 by Charles Kuffner

It’s a thing with him. Dave Wilson, a District II trustee, is accusing Carolyn Evans-Shabazz, the board’s vice chair, of improperly voting remotely during a September trustee meeting. Board bylaws say that only trustees present in person can vote, though … Continue reading →

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No expedited appeal of voter ID

Posted on October 12, 2017 by Charles Kuffner

There’s no speeding this up. A federal appeals court Tuesday declined to have all 14 judges participate in the appeal over the Texas voter ID law — a decision that will keep the issue unresolved heading into the 2018 elections, … Continue reading →

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SOS halted from handing over voter info

Posted on October 5, 2017 by Charles Kuffner

Good. A Texas district judge has issued a temporary restraining order preventing Texas Secretary of State Rolando Pablos from handing voter information to President Donald Trump’s voter fraud investigation commission. The order, which came out Tuesday, adds Texas to a … Continue reading →

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Pasadena City Council approves settlement in redistricting case

Posted on October 5, 2017 by Charles Kuffner

It’s over. The Pasadena City Council voted unanimously Tuesday to approve a $1.1 million settlement agreement of a lawsuit challenging a city voting plan that a federal judge found diluted Latino voting influence. Councilman Cody Ray Wheeler said that after … Continue reading →

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SCOTUS takes up partisan gerrymandering

Posted on October 4, 2017 by Charles Kuffner

So much coverage on this potentially ground-breaking and earth-shaking case. Here’s the Washington Post: Opponents of political gerrymandering had reason for optimism at the Supreme Court on Tuesday, with Justice Anthony M. Kennedy, the likely swing vote, appearing more in … Continue reading →

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Fifth Circuit hears bail lawsuit arguments

Posted on October 4, 2017 by Charles Kuffner

Big day in court. Amid a stream of pointed questions from the bench, lawyers for Harris County Tuesday asked panel of the 5th U.S. Circuit Court of Appeals to toss a lower court ruling that the county’s criminal justice system … Continue reading →

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Lawsuit filed over untested rape kits

Posted on October 3, 2017 by Charles Kuffner

This could be a big deal. A former Houston woman is suing the City of Houston and a long list of current and former mayors and police chiefs for failing to investigate a backlog of more than 6,000 untested rape … Continue reading →

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Pasadena will settle voting rights case

Posted on October 1, 2017 by Charles Kuffner

Excellent news. Pasadena Mayor Jeff Wagner on Friday asked the City Council to settle a voting rights lawsuit that led to national portrayals of the Houston suburb as an example of efforts to suppress Latino voting rights. The proposed settlement … Continue reading →

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What should the people living near the dams have known?

Posted on September 30, 2017 by Charles Kuffner

More than they were told, is what they’re saying. A federal lawsuit against the U.S. Army Corps of Engineers claims government officials knew for years that water impounded behind Addicks and Barker dams would flood thousands of suburban homes during … Continue reading →

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Harris County files lawsuit against Arkema

Posted on September 30, 2017 by Charles Kuffner

More trouble for that nasty and troublesome chemical plant. Harris County Commissioners Court on Tuesday authorized the county attorney to file a lawsuit against Arkema over its struggles to manage stores of hazardous chemicals during Hurricane Harvey. The county’s Pollution … Continue reading →

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Ken Paxton REALLY wants your “sanctuary complaints”

Posted on September 29, 2017 by Charles Kuffner

What could possibly go wrong? Texans who suspect their elected or appointed officials of enforcing policies that protect undocumented immigrants can now file an official complaint with the office of the state’s top prosecutor. Attorney General Ken Paxton on Tuesday … Continue reading →

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Don’t expect any further redistricting activity this year

Posted on September 28, 2017 by Charles Kuffner

Michael Li explains it all to you. In one-line orders today (here and here), the Supreme Court rejected a request by plaintiffs in the Texas redistricting case that the Supreme Court expedite appeals by the State of Texas. The plaintiffs’ … Continue reading →

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Fifth Circuit partially unblocks SB4

Posted on September 26, 2017 by Charles Kuffner

Terrible. A panel of three appellate judges ruled on Monday that parts of the state’s immigration enforcement legislation, Senate Bill 4, can go into effect while the case plays out on appeal. Last month, U.S. District Judge Orlando Garcia halted … Continue reading →

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Fifth Circuit hears SB4 injunction arguments

Posted on September 23, 2017 by Charles Kuffner

Big day in court. The immediate future of Texas’ immigration enforcement law hinges on whether a three-judge panel in New Orleans was swayed Friday by the state’s attorneys that the legislation is essential to public safety and should not have been partially blocked … Continue reading →

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Judgmental

Posted on September 22, 2017 by Charles Kuffner

The only bench this guy should be allowed on is a park bench. Jeff Mateer, a high-ranking official in Texas Attorney General Ken Paxton’s office who President Donald Trump has nominated for a federal judgeship, said in speeches in 2015 … Continue reading →

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City goes to SCOTUS over same-sex spousal benefits

Posted on September 17, 2017 by Charles Kuffner

Good. The City of Houston and Mayor Sylvester Turner filed a petition Friday asking the U.S. Supreme Court to review a decision that came down earlier this summer, concluding that states did not have to provide publicly funded benefits to … Continue reading →

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SCOTUS puts new maps on hold

Posted on September 14, 2017 by Charles Kuffner

Ugh. The U.S. Supreme Court has dealt a serious setback to those hoping Texas would see new congressional and House district maps ahead of the 2018 elections. In separate orders issued Tuesday, the high court blocked two lower court rulings … Continue reading →

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Plaintiffs ask SCOTUS to back down in redistricting fight

Posted on September 9, 2017 by Charles Kuffner

This week’s update: The challengers told the justices that the Supreme Court lacks the power to review the state’s request because there is nothing to put on hold: The lower court has neither blocked the state’s current redistricting plan nor … Continue reading →

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Lawsuit filed over Crosby plant explosion

Posted on September 8, 2017 by Charles Kuffner

This ought to be fun to watch. Seven first responders who were exposed to fumes from a chemical fire last week at a Crosby, Texas, manufacturing plant have filed suit against the plant’s owner, alleging that the company’s negligence caused … Continue reading →

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Fifth Circuit stays voter ID ruling

Posted on September 7, 2017 by Charles Kuffner

Ugh. The state of Texas can use its revised voter ID measure for the upcoming November elections, a divided federal appeals court ruled on Tuesday. The 2-1 decision, first reported by Politico Tuesday night, came from a panel of three … Continue reading →

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Trump’s Justice Department goes all in on voter ID

Posted on September 6, 2017 by Charles Kuffner

Despicable, but what did you expect? Continuing a dramatic reversal on voting rights under President Donald Trump, the U.S. Department of Justice is asking a federal appeals court to allow Texas to enforce a photo voter identification law that a … Continue reading →

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More on the SB4 ruling

Posted on September 5, 2017 by Charles Kuffner

Circling back to one of the big court decisions from last week, Slate’s Mark Joseph Stern talks to ACLU attorney Lee Gelernt about what was blocked by federal Judge Orlando Garcia in the “sanctuary cities” lawsuit. Mark Joseph Stern: SB … Continue reading →

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State House map paused as well

Posted on September 1, 2017 by Charles Kuffner

Not a surprise, given the previous order. A lower court ruling that invalidated parts of the Texas House state map has been temporarily blocked by the U.S. Supreme Court. Responding swiftly to an appeal by Texas Attorney General Ken Paxton, … Continue reading →

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Second trimester abortion procedure ban halted

Posted on September 1, 2017 by Charles Kuffner

For now, at least. A federal judge has temporarily stopped Texas officials from enforcing a ban on the most common second-trimester abortion procedure, just one day before the ban was set to go into effect. Judge Lee Yeakel of the … Continue reading →

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Enforcement of SB4 halted

Posted on August 31, 2017 by Charles Kuffner

Excellent! U.S. District Judge Orlando Garcia granted a preliminary injunction of Senate Bill 4, one of Gov. Greg Abbott’s key legislative priorities that seeks to outlaw “sanctuary” entities, the common term for governments that don’t enforce federal immigration laws. The … Continue reading →

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Latest abortion lawsuit heard in court

Posted on August 30, 2017 by Charles Kuffner

Here we go again, and again and again and again. For the fifth time since 2013, lawyers for Texas will defend an abortion-related law or regulation Tuesday in the Austin federal courthouse, where they hope to reverse a string of legal defeats … Continue reading →

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SCOTUS puts a pause on the Congressional redistricting ruling

Posted on August 29, 2017 by Charles Kuffner

Hopefully, just a temporary one. The U.S. Supreme Court on Monday put on hold a lower court ruling that invalidated two of Texas’ 36 congressional districts. In an order signed by Justice Samuel Alito, the high court indicated it wanted … Continue reading →

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San Marcos files amicus brief against SB4

Posted on August 29, 2017 by Charles Kuffner

Good for them. The city of San Marcos filed a legal brief Thursday supporting Austin, San Antonio and other cities that have filed suit against the state for its new law on immigration enforcement. In the 16-page brief, city attorney … Continue reading →

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Will we have maps in time for March primaries?

Posted on August 28, 2017 by Charles Kuffner

Maybe. It’s up to the courts. State officials insisted Friday they expect to stop the court challenges on appeal, and reverse Texas’ losing streak on the voting-rights lawsuits, legal experts predicted Texas could end up back under federal supervisions of … Continue reading →

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Texas appeals voter ID ruling

Posted on August 27, 2017 by Charles Kuffner

On to the next phase. As promised, Attorney General Ken Paxton appealed what he called an “outrageous” federal court decision tossing out the state’s new voter ID law. In a 25-page filing to the U.S. Court of Appeals for the … Continue reading →

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