Category Archives: Legal matters

SCOTUS declines to hear strip club tax case

Posted on January 29, 2012 by Charles Kuffner

The end of the road for this particular bit of litigation. The U.S. Supreme Court will not take up the adult entertainment industry’s lawsuit against the state’s $5-per-patron strip club tax, justices decided Monday. “Texas is now one step closer … Continue reading →

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Sierra Club sues over coal permits

Posted on January 28, 2012 by Charles Kuffner

Remember how four coal plants were granted permits to pollute more in December? You probably don’t, because it basically happened under cover of darkness. The Sierra Club found out about it and has filed a lawsuit to call a halt … Continue reading →

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Alford strikes again

Posted on January 26, 2012 by Charles Kuffner

Wow. A key witness before a federal three-judge panel considering the Texas redistricting challenge appeared to make a major concession Wednesday to the case made last week by state Sen. Wendy Davis, D-Fort Worth. The state’s expert witness, John Alford … Continue reading →

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Texas files suit to preclear voter ID

Posted on January 24, 2012 by Charles Kuffner

They’re a mighty busy bunch at the OAG these days. The Texas attorney general’s office today filed suit against U.S. Attorney General Eric Holder and the Department of Justice to have the state’s controversial voter ID law implemented without further … Continue reading →

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SCOTUS issues ruling on redistricting

Posted on January 20, 2012 by Charles Kuffner

As you’ve undoubtedly heard by now, the Supreme Court has officially thrown out the interim maps that were drawn by the San Antonio court, in a unanimous decision handed down this morning. What does this mean? I’m going to start … Continue reading →

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DC preclearance trial, Day One

Posted on January 18, 2012 by Charles Kuffner

While we wait for the Supreme Court to give us some indication of what happens next with our elections – they did not issue an opinion this week – the preclearance trial at the DC federal court got underway. State … Continue reading →

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Sylvia Garcia’s impressions of the SCOTUS oral arguments on redistricting

Posted on January 12, 2012 by Charles Kuffner

Former County Commissioner Sylvia Garcia was in Washington, DC to attend the Supreme Court hearing on the Texas redistricting case. I asked her before she left if she would be interested in writing about her impressions of the case for … Continue reading →

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Fifth Circuit tosses injunction against sonogram law

Posted on January 11, 2012 by Charles Kuffner

Ugh. A panel of federal appellate judges has authorized Texas officials to enforce a controversial abortion sonogram law while its constitutionality is being challenged in court. In an opinion, the judges said the measure’s opponents “failed to demonstrate constitutional flaws” … Continue reading →

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SCOTUS hears redistricting arguments today

Posted on January 9, 2012 by Charles Kuffner

Today is a big effin’ deal at the Supreme Court. The Supreme Court will attempt on Monday to untangle the political mess in Texas created by a voting rights controversy. The case could have important political consequences, and highlights a … Continue reading →

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Sonogram lawsuit appeal

Posted on January 5, 2012 by Charles Kuffner

The state’s appeal of the injunction granted against the awful sonogram law was heard in court, but there’s no indication yet when the court will issue a ruling. A three-judge panel from the 5th U.S. Circuit Court of Appeals didn’t … Continue reading →

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County sues over dioxin

Posted on December 29, 2011 by Charles Kuffner

More like this, please. Harris County has filed a lawsuit in state court to recover hundreds of millions of dollars from local waste management companies and a Pasadena paper factory responsible for storage of a human carcinogen that has leaked … Continue reading →

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At last, school finance lawsuit number 4

Posted on December 27, 2011 by Charles Kuffner

The fourth and presumably final school finance lawsuit was filed just before the holiday weekend. The state’s largest school districts, including Houston and Cypress-Fairbanks, have filed a lawsuit claiming the public education system is inadequate and inequitable, the fourth such … Continue reading →

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D.C. panel issues decision defining preclearance standards

Posted on December 26, 2011 by Charles Kuffner

From Michael Li: Late Thursday evening, the D.C. panel issued its long-awaited opinion defining the standards for preclearance under section 5 of the Voting Rights Act and further explaining why the court had earlier rejected the State of Texas’ request … Continue reading →

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Brewers win one in court

Posted on December 24, 2011 by Charles Kuffner

From CultureMap: A small but significant victory was had for craft beermakers and drinkers Monday when a federal judge ruled (partially) in favor of Austin’s Jester King Brewery in a lawsuit against the Texas Alcoholic Beverage Commission. Jester King filed … Continue reading →

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AG sues sham police charity

Posted on December 22, 2011 by Charles Kuffner

Good. Texas Attorney General Greg Abbott has sued officials with the nonprofit Texas Highway Patrol Association and officials with a museum the association operates in San Antonio, claiming they have defrauded consumers by soliciting donations to help families of fallen … Continue reading →

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Transgender divorce

Posted on December 21, 2011 by Charles Kuffner

That sound you hear is another can of worms fixing to be opened. James Scott and Rebecca Robertson started married life quietly with a small church wedding. Thirteen years later, their union is ending — not so quietly. Robertson wants … Continue reading →

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Lawsuit against HCC Board of Trustees dismissed

Posted on December 20, 2011 by Charles Kuffner

A good outcome for eight of the nine members of the HCC Board of Trustees. Houston Community College trustee Yolanda Navarro Flores must pay the school $35,700 to cover attorneys’ fees after a judge Friday dismissed the defamation lawsuit she … Continue reading →

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Still more evidence that tort “reform” is a scam

Posted on November 25, 2011 by Charles Kuffner

Recently, I blogged about a Public Citizen report that documented the ways in which tort “reform”, specifically medical malpractice damage caps, are a scam that has done none of the things its backers promised. You might have read that and … Continue reading →

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DOJ defers again on voter ID

Posted on November 18, 2011 by Charles Kuffner

In addition to the interim maps, we got some more good news yesterday. Texas provided “incomplete” information that does not enable federal officials to determine whether their proposed voter ID law would be discriminatory, the Justice Department said in a … Continue reading →

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Interim maps and the DC preclearance case

Posted on November 3, 2011 by Charles Kuffner

The federal court in San Antonio has been hearing arguments about proposed interim Congressional maps this week. Michael Li summarizes the plaintiffs’ case for why the map adopted by the Lege cannot be used, even as a starting point. Right … Continue reading →

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Redistricting action this week

Posted on November 1, 2011 by Charles Kuffner

It’s a busy week for redistricting lawsuit action, as the federal court in San Antonio is having hearings on the proposed interim maps that were submitted by the various parties to the suits. The Statesman has an overview of the … Continue reading →

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Redistricting updates

Posted on October 28, 2011 by Charles Kuffner

The redoubtable Michael Li takes to BOR to bring an update on the preclearance lawsuit in DC, in which the Justice Department has strongly contested the state’s House and Congressional maps. In papers filed [Tuesday] evening in Washington, the Department … Continue reading →

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The interim plans

Posted on October 20, 2011 by Charles Kuffner

Monday was the deadline for parties in the redistricting lawsuit being heard in San Antonio to file interim plans for the court to consider in the event preclearance is not granted in time for candidate filing. Texas Redistricting summarizes the … Continue reading →

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Tort “reform” is still a scam

Posted on October 16, 2011 by Charles Kuffner

I know, I’m as shocked as you are. A national report released Wednesday says the 2003 Texas law that limited damage awards in malpractice suits has caused health care spending to rise and has not significantly increased the number of … Continue reading →

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News flash: Voter ID will mean fewer people can vote

Posted on October 10, 2011 by Charles Kuffner

I know, I’m as shocked as you are. As many as a quarter of voters in some small Texas counties might not be able to cast ballots if the federal government allows the new state voter ID law to go … Continue reading →

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The SOS responds to DOJ on voter ID

Posted on October 7, 2011 by Charles Kuffner

Two weeks ago, the Justice Department asked some questions about Texas’ voter ID law as a condition for preclearance. The Secretary of State has now given some answers, though they may not be what DOJ was looking for. Under section … Continue reading →

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Federal court refuses to throw out Open Beaches lawsuit

Posted on October 5, 2011 by Charles Kuffner

I hadn’t realized that there was federal court action on the Galveston open beaches case. The 5th U.S. Circuit Court of Appeals denied a request by the General Land office that it throw out the case because the beachfront house … Continue reading →

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Court orders interim maps drawn

Posted on October 2, 2011 by Charles Kuffner

I was just asked recently what will happen if the redistricting litigation isn’t resolved before the November 14 start of the filing period for 2012 candidates. I responded that I wasn’t really sure. Shortly thereafter, this story appeared. The federal … Continue reading →

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Sonogram law still blocked

Posted on September 30, 2011 by Charles Kuffner

Good. The Texas sonogram law, that was ruled unconstitutional before it could go into effect, will stay in legal limbo for the time being. U.S. District Judge Sam Sparks ordered the main provisions of the law were improper because they … Continue reading →

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TRO granted for redistricting plans

Posted on September 29, 2011 by Charles Kuffner

Texas Redistricting: The San Antonio panel this morning enjoined provisions of the Texas Election Code requiring counties to redraw precinct boundaries by October 1 and to issue new voter registration certificates to voters by December 6. The panel also enjoined … Continue reading →

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TRO requested for redistricting plans

Posted on September 27, 2011 by Charles Kuffner

Texas Redistricting: This morning, MALC and the Texas Latino Redistricting Task Force asked the San Antonio panel to enter a temporary restraining order to prevent the State of Texas from implementing its redistricting plans on the grounds that they have … Continue reading →

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DOJ says redistricting plans purposely discriminated

Posted on September 24, 2011 by Charles Kuffner

Game on. The Justice Department said late Friday that based on their preliminary investigation, a congressional redistricting map signed into law by Republican presidential candidate Rick Perry appears to have been “adopted, at least in part, for the purpose of … Continue reading →

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Davis files anoter redistricting lawsuit

Posted on September 22, 2011 by Charles Kuffner

After the Justice Department declined to object to the new State Senate map under Section 5 of the Voting Rights Act, Sen. Wendy Davis filed a lawsuit in the federal court in San Antonio challenging it on other grounds. State … Continue reading →

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DOJ pushes back on State House and Congressional maps

Posted on September 20, 2011 by Charles Kuffner

Good. The Justice Department said Monday that Texas’ state House and congressional redistricting plans didn’t comply with Section 5 of the Voting Rights Act (VRA), indicating they thought the maps approved by Gov. Rick Perry (R) gave too little voting … Continue reading →

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