Category Archives: Legal matters

More on the HERO repeal petition jury verdict

Posted on February 22, 2015 by Charles Kuffner

KUHF has a good look at What It All Means. “It’s tough to predict,” said Teddy Rave, an assistant professor at the University of Houston Law Center. “It looks like the jury pretty much split the baby. They answered some … Continue reading →

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First same-sex marriage in Texas happens

Posted on February 20, 2015 by Charles Kuffner

It may be the only one for awhile, but it will definitely not be the only one. Despite Texas’ longstanding ban on same-sex marriages, two Austin women made history on Thursday when they became the first gay couple to legally … Continue reading →

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Another judge finds Texas’ ban on same sex marriage to be unconstitutional

Posted on February 19, 2015 by Charles Kuffner

This ruling is a bit more narrow, however. A Travis County judge ruled Tuesday that the Texas ban on gay marriage is unconstitutional, but there was no rush to the altar after county officials — scrambling to assess the impact … Continue reading →

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Obama immigration executive order halted

Posted on February 18, 2015 by Charles Kuffner

For now. A federal judge late Monday halted President Barack Obama’s landmark immigration order on the eve of its implementation, denying millions of people illegally in America access to work permits and dealing a victory to Gov. Greg Abbott in … Continue reading →

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Wal-Mart sues Texas

Posted on February 15, 2015 by Charles Kuffner

It’s about booze. Wal-Mart filed a lawsuit in an Austin federal court on Thursday challenging a Texas law that forbids the company from owning and operating liquor stores in the state. The lawsuit says the Texas Alcoholic Beverage Commission code … Continue reading →

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Mixed jury verdict in HERO repeal petitions trial

Posted on February 14, 2015 by Charles Kuffner

Some Friday afternoon big news. A jury in the trial surrounding Houston’s embattled equal rights ordinance issued a mixed slate of decisions Friday, giving neither side the obvious upper hand as a district judge now uses those findings to decide … Continue reading →

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Same sex marriage plaintiffs ask Fifth Circuit to lift the stay

Posted on February 13, 2015 by Charles Kuffner

They’ve got a strong case, based on recent SCOTUS action. Attorneys for two gay couples are asking a federal appeals court to allow same-sex marriages to begin in Texas immediately. In a motion filed Thursday, attorneys for the couples asked … Continue reading →

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SCOTUS could really screw Texas on Obamacare

Posted on February 12, 2015 by Charles Kuffner

You know how all those Texans have been signing up for health insurance via the Healthcare.gov exchange? Every single one of them stands to lose if the Supreme Court decides to play politics. Nearly 1 million Texans have now signed … Continue reading →

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HERO repeal petition trial wraps up

Posted on February 6, 2015 by Charles Kuffner

There actually wasn’t all that much testimony in the HERO repeal petition trial. On Tuesday, former City Attorney David Feldman took his turn on the stand. City Secretary Anna Russell originally found enough valid signatures but did not verify the … Continue reading →

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Redistricting update

Posted on February 6, 2015 by Charles Kuffner

From Russ Tidwell, writing at Letters from Texas: There is well-established case law around redistricting that calls for creating a new minority opportunity district anytime a compact majority of a single minority group can be established (i.e., majority Black or … Continue reading →

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Mayor Parker testifies at HERO repeal petition trial

Posted on February 4, 2015 by Charles Kuffner

Monday was Mayor Parker’s turn to take the stand at the trial over the validity of the HERO repeal petitions. You’d think this would be a momentous occasion of high drama, but since this whole thing is about technicalities and … Continue reading →

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Supreme Court to hear Renew Houston lawsuit

Posted on February 2, 2015 by Charles Kuffner

Jeez, I’d forgotten this was still a thing. In a lawsuit filed after the election, three Houston property owners allege the ballot language was misleading. “You would have thought if you voted for this thing that it was a one-time, … Continue reading →

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The last time Texas was in the minority on a marriage issue

Posted on January 31, 2015 by Charles Kuffner

Those who forget the lessons of history are likely to get an unfavorable SCOTUS ruling crammed down their throats. As the U.S. Supreme Court takes up the issue of same-sex marriage, Texas once again finds itself on the lonely side … Continue reading →

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Appeals court reverses ruling about pension retiree information

Posted on January 30, 2015 by Charles Kuffner

So much for that. A state district court’s 2013 ruling that Houston’s fire pension board must turn over detailed information on its retirees to help city officials better project future pension bills has been overturned on appeal. Justices with the … Continue reading →

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Front and center with the fraud allegations

Posted on January 29, 2015 by Charles Kuffner

The city goes on offense as it defends the equal rights ordinance at the repeal petition trial. In his opening argument in court Tuesday, Alex Kaplan, an attorney for the city, said the petition is “full of problems.” “It is … Continue reading →

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It’s going to be a long trial

Posted on January 27, 2015 by Charles Kuffner

Settle in and get comfortable, the HERO repeal petition trial is going to take some time. Ultimately, though, the trial is expected to be tedious and technical. So much so, that even after the city lost a significant motion two … Continue reading →

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School finance case timeline announced

Posted on January 26, 2015 by Charles Kuffner

Mark “later this year” on your calendars. The Texas Supreme Court will hear the state’s appeal of last year’s far-reaching school finance decision later this year under a timetable laid out by the high court on Friday. Justices gave the … Continue reading →

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Judge Richardson will stay on the Perry case

Posted on January 24, 2015 by Charles Kuffner

Good to know. The way is cleared for Judge Bert Richardson of the Texas Court of Criminal Appeals to continue presiding over former Gov. Rick Perry’s criminal case, under an order by the judicial region’s presiding judge. The order was … Continue reading →

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HERO petition repeal trial starts

Posted on January 22, 2015 by Charles Kuffner

It could actually be over before it really starts, though I would not expect that. For the next three to four weeks, the Harris County Civil Courthouse will be the stage for the trial over Houston’s controversial equal rights ordinance. … Continue reading →

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First hearing in Abbott’s immigration lawsuit

Posted on January 18, 2015 by Charles Kuffner

No clue what will happen with this. Saying South Texas is where the “rubber meets the road” on immigration issues, a federal judge used a folksy reference Thursday to note his court is the right place to decide whether to … Continue reading →

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SCOTUS will take up same sex marriage

Posted on January 17, 2015 by Charles Kuffner

This is it. The Supreme Court announced on Friday that it will take up four cases challenging state bans on same-sex couples’ marriages — a long anticipated move that could lead to nationwide marriage equality. The cases ask the justices … Continue reading →

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HERO repeal petition trial will be heard by a jury

Posted on January 15, 2015 by Charles Kuffner

Let’s get on with it. A state district judge ruled Tuesday that the lawsuit surrounding the city’s embattled equal rights ordinance will go before a jury trial rather than a bench trial, a decision that conservative opponents of the law … Continue reading →

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City does a 180 on campaign finances

Posted on January 14, 2015 by Charles Kuffner

Not all losses in court are created equal. City officials will argue that the city’s election ordinance is unconstitutional as part of a strategy to strengthen their position in a lawsuit that could shape the early stages of this year’s … Continue reading →

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Judge or jury ruling on HERO should come soon

Posted on January 11, 2015 by Charles Kuffner

From the other big lawsuit action on Friday. A district judge offered little insight Friday as to whether he will grant a jury trial to conservative critics who have sued the city over its controversial equal rights ordinance. During a … Continue reading →

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The Fifth Circuit finally hears the same sex marriage appeal

Posted on January 10, 2015 by Charles Kuffner

I am very cautiously optimistic. Signaling significant doubt about the constitutionality of Texas’ ban on same-sex marriages, two federal appeals judges on Friday questioned a state attorney’s argument that marriage is a “subsidy” that the state has the right to … Continue reading →

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What do we expect from the Fifth Circuit and SCOTUS on same sex marriage?

Posted on January 9, 2015 by Charles Kuffner

Some people are very optimistic. Same-sex marriage will arrive in Texas before Easter, according to an attorney for two couples who are challenging the state’s marriage bans in federal court. Daniel McNeel Lane Jr., of Akin Gump Strauss Hauer & … Continue reading →

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First HERO repeal petition hearing today

Posted on January 9, 2015 by Charles Kuffner

Have I mentioned that this is a really busy month for big ticket courtroom action? Conservative opponents suing the city over its equal rights ordinance are pushing, along with several City Council members, for the upcoming case to go before … Continue reading →

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The Fifth Circuit hears the HB2 arguments

Posted on January 8, 2015 by Charles Kuffner

Maybe it’s not a slam dunk for HB2, though I refuse to get my hopes up. In a long line of tough questioning Wednesday over a new Texas abortion law, federal appeals judges here questioned whether part of a provision … Continue reading →

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Meet the judges

Posted on December 31, 2014 by Charles Kuffner

Not a bad panel, all things considered. Judges Patrick Higginbotham of Dallas, Jerry Smith of Houston and James Graves Jr. of Jackson, Miss., will sit on a panel that will hear appeals from state officials in Texas and Mississippi of … Continue reading →

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First city campaign finance lawsuit action this week

Posted on December 29, 2014 by Charles Kuffner

As you may recall, City Council candidate Trebor Gordon filed a lawsuit last month alleging that the city of Houston’s campaign fundraising blackout period was illegal. This week, a federal judge is expected to rule on a request for a … Continue reading →

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Profile of Bert Richardson

Posted on December 28, 2014 by Charles Kuffner

The Chron has a nice story about Bert Richardson, the well-regarded judge in the Rick Perry trial, though they manage to completely avoid addressing a key issue regarding him. When Gov. Rick Perry was asked whether the criminal case against … Continue reading →

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Trib overview of the same sex marriage appeal

Posted on December 28, 2014 by Charles Kuffner

Less than three weeks till the appeal is heard by the Fifth Circuit. Fourteen states allowed same-sex marriage when Cleopatra De Leon and Nicole Dimetman filed a lawsuit late last year challenging Texas’ constitutional ban on marriages that are not … Continue reading →

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Landfill opponents win in Hempstead lawsuit

Posted on December 20, 2014 by Charles Kuffner

Good news. A jury on Thursday found that Waller County commissioners met illegally in closed sessions among themselves and with developers of a controversial landfill proposal over more than two years before agreeing to host the project. After a three-week … Continue reading →

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Buc-ee’s wins logo legal challenge

Posted on December 14, 2014 by Charles Kuffner

Don’t mess with the beaver. A lawsuit between two beaver-loving Texas-based businesses was dismissed before it even reached the courtroom, with the bigger company coming out victorious and the other left logo-less. Back in early July the lawyers for popular … Continue reading →

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