Category Archives: Legal matters

The districts in dispute

Posted on September 19, 2011 by Charles Kuffner

The redistricting lawsuit in San Antonio wrapped up on Friday, so at this point all we can do is wait for the three-judge panel to issue its opinion, and for the DC Circuit Court to have it say on preclearance. … Continue reading →

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Even their own experts think the Congressional map is wrong

Posted on September 16, 2011 by Charles Kuffner

Final arguments in the federal redistricting lawsuit should be heard today in San Antonio. On Wednesday, something truly remarkable happened during the testimony of the state’s expert witness: A Rice University political science professor, testifying Wednesday in a lawsuit over … Continue reading →

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Redistricting litigation gets underway this week

Posted on September 5, 2011 by Charles Kuffner

Starting tomorrow, a three-judge panel in San Antonio will hear one of the two redistricting-related lawsuits that have been filed in Texas. I figure this is as good a time as any to review the landscape as we head into … Continue reading →

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What if we didn’t have to worry about county lines?

Posted on September 2, 2011 by Charles Kuffner

The federal lawsuit that will be heard by a three-judge panel in San Antonio begins next week, but in the meantime there have been depositions taken by various players, and some interesting things have come up in them. Texas Redistricting … Continue reading →

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Injunction granted against sonogram law

Posted on August 31, 2011 by Charles Kuffner

Very good news. U.S. District Judge Sam Sparks issued a preliminary injunction after finding that portions of the sonogram law, set to take effect Sept. 1, were unconstitutionally vague and violated the First Amendment by improperly requiring doctors and patients … Continue reading →

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Same old story: City wins, Hotze loses

Posted on August 30, 2011 by Charles Kuffner

Yes, they’re still litigating 2004 ballot propositions around here. The Texas Supreme Court has dismissed a six-year-old case against the City of Houston seeking to limit the city government’s annual income. Carroll Robinson, Bruce Hotze and Jeffrey Daily sought to … Continue reading →

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Supremes uphold strip club tax

Posted on August 29, 2011 by Charles Kuffner

In a ruling that reverses the 3rd Court of Appeals, the State Supreme Court has unanimously held that the so-called “pole tax” is constitutional. The Texas Supreme Court ruled Friday that a $5-per-customer fee on strip clubs that serve alcohol … Continue reading →

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HCC Trustee sues HCC Board

Posted on August 20, 2011 by Charles Kuffner

Back in April, the HCC Board of Trustees censured Board member Yolanda Navarro Flores after an investigation reported that she had engaged in unethical behavior. Here’s the Chron story from the time, which I did not blog about: The Houston … Continue reading →

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Davis and Veasey will be allowed to intervene in redistricting litigation

Posted on August 18, 2011 by Charles Kuffner

From the Lone Star Project, via the inbox: Sen. Davis, Rep. Veasey Win Key Redistricting Ruling Federal Court rejects Texas Republican argument and grants North Texas Intervenors the right to participate in redistricting trial A group of North Texas citizens … Continue reading →

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A peek behind the scenes

Posted on August 16, 2011 by Charles Kuffner

Want to know what the Republicans were thinking during redistricting? Here you go. Emails unsealed by a federal judge show that key Republicans involved in Texas congressional redistricting bickered over strategy and actively considered bypassing the Justice Department two months … Continue reading →

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DPS loses lawsuit over drivers license rules

Posted on August 12, 2011 by Charles Kuffner

This happened the week before last, but I’m not sure it will matter at this point. On [July 29], Judge Orlinda Naranjo ruled against the Texas Department of Public Safety and said that the agency could no longer require those … Continue reading →

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Taking aim at the Voting Rights Act

Posted on August 8, 2011 by Charles Kuffner

In responding to a petition by State Rep. Marc Veasey and State Sen. Wendy Davis to intervene against the state in its lawsuit to get the federal court to pre-clear the new maps, the Attorney General responded by saying that … Continue reading →

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Redistricting lawsuit relocated

Posted on August 2, 2011 by Charles Kuffner

More preliminaries. A panel of Austin-based federal judges assigned to hear a redistricting lawsuit filed by prominent Travis County Democrats and the city of Austin has decided that case should be transferred to San Antonio’s federal court. Most of the … Continue reading →

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More redistricting plaintiffs

Posted on July 25, 2011 by Charles Kuffner

Here’s an update to the scorecard, for those of you hoping to keep track of the players. The Texas Democratic Party officially entered the court fight over Republican-dominated redistricting maps Wednesday. The new claims by the state Democratic Party came … Continue reading →

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Texas seeks preclearance from the courts

Posted on July 22, 2011 by Charles Kuffner

This was expected. Texas bypassed the Obama administration’s Department of Justice on Tuesday, opting to ask a panel of federal judges in Washington, D.C., to review the state’s new maps for congressional, legislative and State Board of Education districts. Attorney … Continue reading →

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Veasey joins in redistricting litigation

Posted on July 18, 2011 by Charles Kuffner

Add another redistricting lawsuit to the pile. Brought by state Rep. Marc Veasey, D-Fort Worth, the lawsuit is another attempt to get a three-judge panel hearing redistricting cases to reconsider the entire state map by focusing on how the districts … Continue reading →

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No appeal for now of red light camera ruling

Posted on July 10, 2011 by Charles Kuffner

The city will have to wait until the remaining issues in the red light camera lawsuit are resolved before it can appeal the judge’s ruling. A federal judge ruled Friday that the city of Houston may not appeal his ruling … Continue reading →

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More on the red light camera return

Posted on July 8, 2011 by Charles Kuffner

Here’s the Chron story about the reinstatement of the red light cameras. A couple of points that need to be made: Wednesday’s announcement provoked the full fury of Paul Kubosh, a lawyer who helped lead the petition drive to get … Continue reading →

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Opening arguments in the sonogram lawsuit

Posted on July 7, 2011 by Charles Kuffner

No clear indications about how the judge might rule, but there are a few straws in the wind. U.S. District Judge Sam Sparks, however, indicated some discomfort with portions of the bill that critics consider vague, particularly as physicians could … Continue reading →

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Texas Supreme Court dismisses voting machine lawsuit

Posted on July 7, 2011 by Charles Kuffner

This came out late Friday. Dealing a blow to critics of electronic voting machines, the Texas Supreme Court on Friday dismissed a case brought by Travis County voters that alleged the machines were not secure or reliable. The machines “are … Continue reading →

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State asks Supreme Court to vacate Open Beaches ruling

Posted on July 4, 2011 by Charles Kuffner

Apparently, the original litigant no longer owns the house in question. San Diego, Calif., attorney Carol Severance, who brought the lawsuit challenging the Open Beaches Act, sold the storm-battered property last week to the city of Galveston. Money for the … Continue reading →

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Perry gets to keep his secrets

Posted on July 2, 2011 by Charles Kuffner

Quelle surprise. The Texas Supreme Court this morning ruled that details of Gov. Rick Perry’s travels can remain secret, overturning two lower court rulings that found travel vouchers filed by state troopers should be made public. In an opinion written … Continue reading →

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Lawsuit filed against sonogram bill

Posted on June 14, 2011 by Charles Kuffner

Good. The Center for Reproductive Rights, a national abortion-rights advocacy group, has filed suit over Texas’ newly-signed abortion sonogram law, alleging it violates the First Amendment rights of the doctor and the patient. […] The suit, Texas Medical Providers Performing … Continue reading →

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Judge rules against Nikki Araguz

Posted on May 29, 2011 by Charles Kuffner

This is unfortunate. A judge has ruled that the marriage between a Wharton fire captain killed in the line of duty and his transgender wife was not legal, an attorney in the case said Tuesday. Frank Mann III, one of … Continue reading →

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Suit against Sheriff’s office dismissed

Posted on May 6, 2011 by Charles Kuffner

From the Chron: A lawsuit filed by the former technology director for the Harris County Sheriff’s Office, who had contended he was fired because he revealed its alleged plan to hack into the county government computer network, has been dismissed. … Continue reading →

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Supreme Court rehears Open Beaches case

Posted on April 22, 2011 by Charles Kuffner

Not sure it’ll be any different this time around, but at least there’s a chance. The Texas Supreme Court appeared closely divided Tuesday during a second round of arguments in a turf battle over who controls the beach after a … Continue reading →

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MALC files redistricting lawsuit

Posted on April 7, 2011 by Charles Kuffner

This is the second lawsuit that has been filed in the state of Texas related to the Census and redistricting. And to think, we don’t even have a map produced by the Redistricting Committee yet. A group of Hispanic lawmakers … Continue reading →

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Supreme Court will review Open Beaches ruling

Posted on March 17, 2011 by Charles Kuffner

This is encouraging. Faced with a tidal wave of legal protests, the Texas Supreme Court Friday agreed to reconsider a California woman’s lawsuit that ended in a controversial ruling last November that left public access to some beaches in question. … Continue reading →

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Lawsuit to overturn Dallas election allowing expanded alcohol sales set for September

Posted on February 8, 2011 by Charles Kuffner

So last November, voters in the city of Dallas among other places were asked to decide whether or not to loosen restrictions on alcohol sales there. The measure passed, but not without controversy: Lawyer Andy Siegel, who led the opposition … Continue reading →

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Appeals court upholds UT’s admissions policy

Posted on January 23, 2011 by Charles Kuffner

Good. In 1996, a federal appeals court effectively banned affirmative action in admissions at the University of Texas in a case known as Hopwood. On Tuesday, the same court reversed course, ruling that the university’s consideration of race and ethnicity … Continue reading →

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Another complaint filed against Keller

Posted on January 21, 2011 by Charles Kuffner

This ought to be interesting. A civil rights group is asking the state to revoke the law license of a judge who has been a lightning rod in debates over the death penalty. The Austin-based Texas Civil Rights Project filed … Continue reading →

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EPA 3, Texas 0

Posted on January 13, 2011 by Charles Kuffner

How many times will the courts have to bench-slap our Governor and Attorney General before they get the message that Texas must comply with the same laws as every other state? It’s three and counting. Texas had asked the Court … Continue reading →

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Austin gay divorce upheld

Posted on January 9, 2011 by Charles Kuffner

Gay divorce seekers are one for two in the state of Texas. Over the objections of state Attorney General Greg Abbott, an Austin appellate court has upheld the divorce of a lesbian couple married in Massachusetts. When a lower court granted … Continue reading →

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Federal court denies stay in Texas’ lawsuit against EPA

Posted on January 3, 2011 by Charles Kuffner

No love from the Fifth Circuit. Texas’ bid to stop the federal government’s efforts to regulate greenhouse gases hit another roadblock today, when the 5th Circuit Court of Appeals turned down the state’s request for a stay of a move … Continue reading →

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