Category Archives: Legal matters

SCOTUS halts Virginia same-sex marriages for now

Posted on August 23, 2014 by Charles Kuffner

Everyone’s waiting for them to tackle the bigger question. The Supreme Court on Wednesday stopped Virginia officials from issuing marriage licenses to same-sex couples, putting on hold a lower court ruling that said the unions could start on Thursday. The … Continue reading →

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Greg Enos turns his spotlight to Gary Polland

Posted on August 19, 2014 by Charles Kuffner

This ought to be good. There can be no doubt: Gary Polland is a smart, successful lawyer who knows how to make a lot of money from the practice of law. Polland is politically powerful and able to influence and … Continue reading →

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Judge affirms Wilson residency verdict

Posted on August 19, 2014 by Charles Kuffner

No surprise. The Harris County Attorney’s office, which has been challenging [Dave] Wilson’s residency for months, asked state District Judge Mike Engelhart to throw out last month’s jury ruling, arguing that Wilson was breaking the law by claiming two residences. … Continue reading →

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HERO repeal petition lawsuit set for January

Posted on August 17, 2014 by Charles Kuffner

There will be no HERO repeal referendum on the ballot this year, but depending on how the trial (and likely appeal) goes, there could be one next year. Opponents of Houston’s equal rights ordinance dropped their request for a temporary … Continue reading →

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Latest HB2 trial wraps up

Posted on August 15, 2014 by Charles Kuffner

And so we await a ruling, followed by whatever the Fifth Circuit will pull out of its posterior. Stefanie Toti, representing the Center for Reproductive Rights, said the requirements imposed by the ambulatory surgical center rules single out abortion providers, … Continue reading →

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The case against tossing the HERO repeal petitions

Posted on August 14, 2014 by Charles Kuffner

Jerad Najvar makes a constitutional argument that the city of Houston should have accepted the HERO repeal petitions even though many of the petition pages fell short of the requirements laid out in the city charter. While we lack clarity … Continue reading →

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News flash: Greg Abbott wants to sue the EPA again

Posted on August 14, 2014 by Charles Kuffner

Nobody could have foreseen this! Foretelling a new environmental battle between state and federal regulators, Attorney General Greg Abbott on Monday demanded the U.S. Environmental Protection Agency back down from a proposal to expand the definition of federal waters to … Continue reading →

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On redistricting and race

Posted on August 13, 2014 by Charles Kuffner

Phase Two of the redistricting trial is underway, and if it sounds an awful lot like Phase One to you, you would be right. Texas’ Republican-controlled Legislature didn’t discriminate against minorities by drawing election maps in 2011 that voting-rights activists … Continue reading →

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HERO repeal hopefuls try another venue

Posted on August 13, 2014 by Charles Kuffner

Whatever. Conservative opponents of Houston’s equal rights ordinance have asked an appeals court to force the city secretary to certify the signatures on their petitions to force a repeal referendum on the November ballot. Equal rights ordinance critics filed a … Continue reading →

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Redistricting II: Congressional Boogaloo

Posted on August 11, 2014 by Charles Kuffner

Phase Two of the redistricting lawsuit trial begins today, in which the 2011 Congressional maps go under the microscope. That’s as good a time as any for the mandatory How Much All This Redistricting Litigation Is Costing Us story. Texans … Continue reading →

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HERO repeal lawsuit moves back to state court

Posted on August 8, 2014 by Charles Kuffner

Are we dizzy yet? Conservative activists seeking to repeal the Houston Equal Rights Ordinance trumpeted a small victory Thursday when a court hearing resulted in the ordinance being suspended pending an Aug. 15 hearing. Mayor Annise Parker, anticipating a lawsuit, … Continue reading →

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Lots of same sex marriage appeals about to happen

Posted on August 8, 2014 by Charles Kuffner

Busy times in the federal appeals courts. Federal appeals courts soon will hear arguments in gay marriage fights from nine states, part of a slew of cases putting pressure on the U.S. Supreme Court to issue a final verdict. If … Continue reading →

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HERO repeal lawsuit moved to federal court

Posted on August 7, 2014 by Charles Kuffner

And the bad guys are very unhappy about it. Conservative activists seeking to repeal Houston’s equal rights ordinance accused the city of stalling the issue Wednesday after city lawyers moved the opponents’ lawsuit over rejected ballot petitions from state to … Continue reading →

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Remember Ray Jones

Posted on August 6, 2014 by Charles Kuffner

So now that the HERO-haters’ petitions have been rejected by the city for not having enough valid signatures after all of the petition pages that were not compliant with the requirements of the city charter were thrown out, the story … Continue reading →

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Next lawsuit against HB2 is underway

Posted on August 5, 2014 by Charles Kuffner

We’ll see if the result this time is any better. Texas abortion providers’ next attempt to block strict abortion regulations that the Republican-led Legislature passed last year begins Monday in Austin, where a federal court is considering whether to block … Continue reading →

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Marriage equality’s legal winning streak may be on the line this week

Posted on August 4, 2014 by Charles Kuffner

And it’s not even the Fifth Circuit Court of Appeals that might bring a halt, however temporary, to the march of progress. Marriage equality has had a very good run in the federal courts ever since the Supreme Court declared … Continue reading →

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I’m not the only one who thought Abbott’s same sex marriage appellate brief was ridiculous

Posted on August 1, 2014 by Charles Kuffner

Of course, his arguments were ridiculous, so I shouldn’t be the only one who thinks so. Attorney General Greg Abbott is defending the state’s same-sex marriage ban using a widely rejected “responsible procreation” argument, bolstering gay rights advocates’ hopes and … Continue reading →

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County Attorney asks judge to overturn Wilson verdict

Posted on August 1, 2014 by Charles Kuffner

I’m not sure what the point of this is. Although a jury decided Dave Wilson lived where he claimed when he ran for the Houston Community College seat he holds, the drama surrounding the perennial candidate continues. Harris County attorneys … Continue reading →

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First phase of redistricting trial ends

Posted on August 1, 2014 by Charles Kuffner

Not much of interest must have happened, because news reports have been sparse, to say the least. The first phase of the federal trial examining claims that state lawmakers discriminated against African-American and Hispanic voters when redrawing Texas House districts … Continue reading →

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Abbott’s appellate brief on same sex marriage is a complete loser

Posted on July 30, 2014 by Charles Kuffner

How weak does your case have to be to have to rely on this? Texas Attorney General Greg Abbott filed an appeal with the U.S. 5th Circuit Monday regarding the state’s same-sex marriage ban, which was ruled unconstitutional by a … Continue reading →

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Texas EquuSearch wins one in court

Posted on July 21, 2014 by Charles Kuffner

Good. Texas EquuSearch will resume flying drones during their search-and-recovery missions after a federal appeals court ruled Friday that a government “cease and desist” order banning their use wasn’t valid. In February, a Federal Aviation Administration official sent the volunteer … Continue reading →

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When is that appeal of the Texas same sex marriage ruling going to happen?

Posted on July 20, 2014 by Charles Kuffner

A little later than originally planned. It’s been five months since a federal judge struck down Texas’ bans on same-sex marriage. But Attorney General Greg Abbott says he needs more time to file a brief appealing U.S. District Judge Orlando … Continue reading →

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Beaver versus beaver

Posted on July 20, 2014 by Charles Kuffner

It’s a trademark infringement lawsuit. What did you think I was referring to? In the animal world it may be that no two beavers are the same but semi-aquatic rodent diversity does not extend to the world of the convenience … Continue reading →

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Wilson wins residency fight

Posted on July 18, 2014 by Charles Kuffner

That was quick. Houston Community College trustee Dave Wilson lives in the residence he claimed and can keep his seat on the college system’s board, a jury decided Thursday. “Thank you,” Wilson shouted when the verdict was announced about 4:30 … Continue reading →

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Dave Wilson residency lawsuit is underway

Posted on July 17, 2014 by Charles Kuffner

Almost missed this. A trial is set to begin Tuesday morning to determine whether Houston Community College trustee Dave Wilson actually lived in the district in which he ran last November. Wilson, who ousted former HCC Chairman Bruce Austin in … Continue reading →

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What else is at stake in the redistricting trial

Posted on July 15, 2014 by Charles Kuffner

It’s about more than just the maps. Efforts by the Obama administration to wring protections out of a weakened Voting Rights Act begin Monday in Texas over allegations that Republicans intentionally discriminated against minorities when drawing new election maps. A … Continue reading →

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Judge rules that the voter ID lawsuit will go to trial

Posted on July 12, 2014 by Charles Kuffner

In addition to the start of the redistricting trial, we have some news on the voter ID lawsuit front, and it’s generally good news for the good guys. Last week’s ruling, in which U.S. District Court Judge Nelva Gonzales Ramos … Continue reading →

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Next phases of redistricting lawsuit scheduled

Posted on July 11, 2014 by Charles Kuffner

Part One takes place next week. The trial over 2011 House district boundaries begins July 14 in U.S. District Court, where a hearing Tuesday shed light on how the case could unfold. The proceeding are expected to last at least … Continue reading →

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Students against voter ID

Posted on July 9, 2014 by Charles Kuffner

A new front is opened in the fight against voter ID. Civil rights groups have spent a decade fighting requirements that voters show photo identification, arguing that this discriminates against African-Americans, Hispanics and the poor. This week in a North … Continue reading →

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Three new judges coming

Posted on June 28, 2014 by Charles Kuffner

Nice. Breaking a longstanding logjam, President Obama announced nominees for three vacant Texas federal court benches late Thursday. If confirmed, U.S. Attorney Robert Pitman of San Antonio, Texarkana lawyer Robert Schroeder III, and Sherman Magistrate Judge Amos Mazzant III will … Continue reading →

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Motion to recuse Judge Dietz denied

Posted on June 25, 2014 by Charles Kuffner

Good. State District Judge John Dietz will not be forced off Texas’ ongoing school finance case, a San Antonio judge ruled Monday, handing a victory to school districts suing the state over what they call an unconstitutional lack of adequate … Continue reading →

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Another win for the EPA at the Supreme Court

Posted on June 24, 2014 by Charles Kuffner

And thus another loss for Greg Abbott and Rick Perry. The Supreme Court on Monday mostly validated the Environmental Protection Agency’s plans to regulate power plant and factory emissions of greenhouse gases blamed for global warming while imposing some limits … Continue reading →

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Equality is about more than marriage

Posted on June 23, 2014 by Charles Kuffner

It’s about families, and lots of other things, too. Joe Riggs and Jason Hanna never expected to make national news after a surrogate mom gave birth to their twins. Riggs, 33, and Hanna, 37, have been together almost four years. … Continue reading →

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A Greg Abbott threefer

Posted on June 22, 2014 by Charles Kuffner

Trail Blazers: Dallas appeals court rules fired prosecutor can pursue whistleblowing case against Greg Abbott’s office In May 2009, a former assistant attorney general in Greg Abbott’s office sued the Office of the Attorney General in Dallas County court, claiming … Continue reading →

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