Category Archives: Legal matters

No expedited appeal for HERO opponents

Posted on May 18, 2015 by Charles Kuffner

From HOUEquality, on May 13: Today the 14th Court of Appeals denied HERO opponents’ request to force a trial in less than 30 days. The trial will proceed, but at a regular pace. This is another setback for opponents, but … Continue reading →

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Texas plans to sue over EPA’s latest clean air plan

Posted on May 9, 2015 by Charles Kuffner

So what else is new? Attorney General Ken Paxton said Tuesday that he plans to sue the Obama administration over the proposed “Clean Power Plan,” its plan to combat climate change by slashing carbon emissions from power plants. “Texas has … Continue reading →

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Here come the HERO appeals

Posted on May 1, 2015 by Charles Kuffner

So many appeals. Andy Taylor, attorney for the plaintiffs, said he will continue an appeal he has pending at the Texas Supreme Court, which has made no decision on whether it will hear the case. He has a response due … Continue reading →

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Uber sues Houston

Posted on May 1, 2015 by Charles Kuffner

It’s all about the secrecy. Uber is once again suing to keep its secrets. The ride-hailing service filed suit in Houston last week to block the release of public records that would reveal how many drivers it has licensed in … Continue reading →

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Voter ID appeal report

Posted on April 30, 2015 by Charles Kuffner

The Trib reports from New Orleans. A federal appellate judge on Tuesday questioned why the Texas Legislature had not addressed concerns that its four-year-old voter ID law discriminated against minority voters. U.S. 5th Circuit Court of Appeals Judge Catharina Haynes … Continue reading →

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SCOTUS finally tackles same sex marriage

Posted on April 29, 2015 by Charles Kuffner

We all know what went on at the Supreme Court yesterday, so I’m just going to link to some of the coverage: TPM Daily Kos 1 Daily Kos 2 Buzzfeed The Slacktivist Washington Post SCOTUSBlog analysis SCOTUSBlog liveblog I think … Continue reading →

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Fifth Circuit to hear Texas voter ID appeal

Posted on April 28, 2015 by Charles Kuffner

There’s more than one big appellate case being heard today. The Texas voter identification law will make a stop at a federal appeals court in New Orleans on Tuesday on a likely path to the U.S. Supreme Court. Texas Solicitor … Continue reading →

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SCOTUS rejects North Carolina redistricting

Posted on April 26, 2015 by Charles Kuffner

Of interest. On Monday, the Supreme Court vacated a ruling from North Carolina’s highest court that had upheld Republican-drawn maps of the state’s congressional and legislative districts. While we don’t yet know what the final outcome will be, the court’s … Continue reading →

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Fifth Circuit hears request to lift immigration injunction order

Posted on April 19, 2015 by Charles Kuffner

Always best to temper one’s expectations with these guys. An argument from U. S. Department of Justice lawyers that the state of Texas doesn’t have standing to challenge the Obama administration’s controversial immigration policy met with resistance from a pair … Continue reading →

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City prevails in HERO repeal petition lawsuit

Posted on April 18, 2015 by Charles Kuffner

Hallelujah! Opponents of Houston’s non-discrimination ordinance failed to gather enough valid signatures to force a repeal referendum, a state district judge ruled Friday, validating city officials’ decision to toss out the petition foes submitted last summer. After separate rulings from … Continue reading →

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As usual, the Fifth Circuit is where hope goes to be strangled

Posted on April 15, 2015 by Charles Kuffner

Ugh. Judge Jerry E. Smith’s presence on the panel that will hear oral arguments in Texas v. United States on Friday is simply a disaster for the DAPA and expanded DACA programs. Smith, the self-described former right-wing activist, once described … Continue reading →

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Al Bennett confirmed to federal district court

Posted on April 15, 2015 by Charles Kuffner

Great news. After months of delay, a unanimous U.S. Senate on Monday confirmed Alfred Bennett to the United States District Court for the Southern District of Texas, cracking open slightly a national logjam of judicial nominations and a backlog of … Continue reading →

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No HERO ruling quite yet

Posted on April 14, 2015 by Charles Kuffner

There was a hearing, but still no ruling quite yet. Opponents of the city’s legally embattled equal rights ordinance say they collected about 200 more valid petition signatures than they need to trigger a repeal referendum, a figure a district … Continue reading →

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Injunction against immigration executive order stays in place

Posted on April 12, 2015 by Charles Kuffner

Not a surprise, I guess. A Brownsville-based federal judge on Tuesday denied the Obama administration’s request to let a controversial immigration program proceed while the issue plays out in the courts. United States District Judge Andrew Hanen ruled that his … Continue reading →

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Get ready for the HERO ruling

Posted on April 11, 2015 by Charles Kuffner

Should happen on Monday. With a ruling expected next week in the protracted legal battle surrounding Houston’s equal rights ordinance, city attorneys entered a motion for judgment late Friday afternoon that says opponents of the law are 650 signatures shy … Continue reading →

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“Kicking and screaming”

Posted on April 7, 2015 by Charles Kuffner

Looks like we’re going to have to wait for SCOTUS to finally bring same sex marriage to Texas. Daniel McNeel Lane Jr., who represents two same-sex couples challenging Texas’ marriage ban, previously predicted the 5th U.S. Circuit Court of Appeals … Continue reading →

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Remember the Alamo lawsuit

Posted on April 1, 2015 by Charles Kuffner

Release the lawyers! Earlier this month, Texas General Land Commissioner George P. Bush fired The Daughters of the Republic of Texas, longtime managers of the Alamo, effective July 10. In a letter to the group, Bush cited 10 contract violations … Continue reading →

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Once again to SCOTUS for Texas and the EPA

Posted on March 30, 2015 by Charles Kuffner

Plus ca change, and all that. Texas again went head-to-head with the Environmental Protection Agency before the U.S. Supreme Court on Wednesday, this time challenging federal limits on the emission of pollutants like mercury, acid gases and other toxic metals … Continue reading →

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Injunction granted against FMLA benefits for same sex couples

Posted on March 29, 2015 by Charles Kuffner

What a load of crap. A Wichita Falls federal district judge on Thursday granted Attorney General Ken Paxton’s request to temporarily stop the federal government from revising the Family and Medical Leave Act to include federal employees in same-sex unions. … Continue reading →

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Hearing set for appeal of immigration order ruling

Posted on March 29, 2015 by Charles Kuffner

Coming soon. A court hearing has been set for April 17 on whether a temporary hold on President Barack Obama’s immigration executive action should be lifted, a federal appeals court announced Tuesday. […] The 5th U.S. Circuit Court of Appeals … Continue reading →

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Still counting HERO repeal petition signatures

Posted on March 28, 2015 by Charles Kuffner

After more than a month, we finally have an update on the signature counting from the HERO repeal petition trial. The first publicly disclosed tally since the heated trial surrounding the city’s equal rights ordinance wrapped up last month leaves … Continue reading →

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Paxton files his first lawsuit against the feds

Posted on March 19, 2015 by Charles Kuffner

Won’t be his last, I’m sure, but as the first it sure seems like a rearguard action. The state of Texas is suing the Obama administration for giving medical leave benefits to certain same-sex couples, according to an announcement Wednesday … Continue reading →

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Feds file appeal of immigration injunction to Fifth Circuit

Posted on March 13, 2015 by Charles Kuffner

Time to force the issue. The Obama administration Thursday asked a federal appeals court to do what a Texas-based judge didn’t: allow a controversial immigration program to move forward while the issue plays out in the courts. Attorneys with the … Continue reading →

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Immigration lawsuit update

Posted on March 12, 2015 by Charles Kuffner

Another hearing is scheduled. The judge who blocked President Barack Obama’s executive action on immigration has ordered the Justice Department to answer allegations that the government misled him about part of the plan. U.S. District Judge Andrew Hanen ordered Monday … Continue reading →

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SCOTUS to hear same sex marriage appeal in April

Posted on March 8, 2015 by Charles Kuffner

Get ready. The Supreme Court will hear arguments over same-sex marriage on April 28 and make audio of the proceedings available later that day. The gay marriage cases mark the only time this term that the court has agreed to … Continue reading →

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Wilson’s legal fees

Posted on March 5, 2015 by Charles Kuffner

Oh, come on. The ongoing legal battle over Houston Community College Trustee Dave Wilson’s residency is poised to pit one source of taxpayer dollars against another, as the college may be on the hook for his legal fees and the … Continue reading →

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Cleo and Nicole

Posted on March 3, 2015 by Charles Kuffner

You should read this Texas Monthly feature story on Cleopatra de Leon and Nicole Dimetman, two of the plaintiffs in the lawsuit to overturn Texas’ ban on same sex marriage. But it is children— their children—that prompted Cleo and Nicole … Continue reading →

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From the “Be careful who you vote for” department

Posted on March 2, 2015 by Charles Kuffner

Because you never know when the consequences of your voting actions will directly affect you. Erin Meredith, a fifth-generation Republican who lives in Austin, was no fan of President Obama’s Affordable Care Act, which she considered just another wasteful government … Continue reading →

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Supreme Court hears Renew Houston appeal

Posted on February 28, 2015 by Charles Kuffner

Last stop of the litigation train for the plaintiffs that have sued to overturn the Renew Houston referendum, on the grounds that the voters were misinformed about what they were voting for. Two lower courts have sided with the city, … Continue reading →

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Complaint filed against judge who allowed same sex marriage

Posted on February 26, 2015 by Charles Kuffner

Whatever. The judge that allowed Texas’ first gay marriage to go forward is the target of a judicial conduct complaint, the latest volley in the state’s attempts to call the historic union into question. “This judge deliberately violated statutory law … Continue reading →

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Judge Schaffer makes his ruling on the HERO repeal petitions

Posted on February 25, 2015 by Charles Kuffner

I was expecting this to happen Monday, but apparently Judge Robert Schaffer handed down his ruling about which HERO repeal petition signatures were valid and should be counted on Monday. Judge Robert Schaffer ruled on which types of signatures can … Continue reading →

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Justice Department files request for stay on immigration ruling

Posted on February 24, 2015 by Charles Kuffner

As expected. The U.S. government asked a federal judge Monday to lift his temporary hold on President Barack Obama’s action to shield millions of immigrants in the country illegally from deportation. The Justice Department’s motion for a stay was filed … Continue reading →

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The backlash has begun

Posted on February 23, 2015 by Charles Kuffner

Item one. Texas Attorney General Ken Paxton on Friday asked the state Supreme Court to void a marriage license issued to two Austin women who became the first same-sex couple to legally wed in the state. Sarah Goodfriend and Suzanne … Continue reading →

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Stay sought on immigration lawsuit decision

Posted on February 22, 2015 by Charles Kuffner

As expected. The Obama administration will ask a court on Monday to allow the president’s controversial immigration order to move forward after a Texas judge halted the program this week. “The Department of Justice has made a decision to file … Continue reading →

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