Tag Archives: SCOTUS

In case you didn’t have enough Supreme Court business to worry about

Posted on March 19, 2013 by Charles Kuffner

Here’s Texas Redistricting to give you more to worry about, in the form of Arizona v. Inter Tribal Council of Arizona. Although the case has gotten far less attention than challenges to the constitutionality of section 5 of the Voting … Continue reading →

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The redistrictor’s dilemma

Posted on March 14, 2013 by Charles Kuffner

Some fascinating news from Texas Redistricting. Friday’s bill filing deadline in the Texas Legislature brought bills by State Rep. Drew Darby (R-San Angelo) – chair of the House redistricting committee – and State Sen. Kel Seliger (R-Amarillo) to make permanent … Continue reading →

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Is Section 5 doomed?

Posted on February 28, 2013 by Charles Kuffner

While there’s been a lot of reporting and analysis suggesting a grim future for the Voting Rights Act, SCOTUSBlog’s Lyle Denniston suggests that maybe, just maybe, Section 5 ain’t dead yet. Sometimes, in Supreme Court argument, a single phrase can … Continue reading →

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Some people still want to move backwards on equality

Posted on February 26, 2013 by Charles Kuffner

I’ve noted several bills that aim to move Texas forward, however incrementally, towards greater equality. These are all good and fine things, but don’t mistake their existence for evidence that the Legislature is through trying to move us backwards. The … Continue reading →

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We could do something to make voting easier if we wanted to

Posted on February 25, 2013 by Charles Kuffner

With all the negative news about voting rights in the news these days – voter ID, electoral college gerrymandering, challenges to the Voting Rights Act – it’s good to remember that positive change is still possible. On two major occasions—during … Continue reading →

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How should the San Antonio court proceed after SCOTUS rules on Section 5?

Posted on February 18, 2013 by Charles Kuffner

That’s what the San Antonio judges in the redistricting case asked the parties to help it figure out. In its order, the court told parties what has been widely assumed – namely that the panel would “not issue any opinion, … Continue reading →

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We need to fix birth certificates

Posted on February 15, 2013 by Charles Kuffner

This needs to happen. Texas law prevents gay parents from both being listed on supplemental birth certificate forms for adoptive children. The forms provide space for only one mother, a woman, and one father, a male. The gender-specific language was … Continue reading →

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Repealing the Texas double secret illegal anti-gay marriage amendment

Posted on February 13, 2013 by Charles Kuffner

Some things you do because they’re the right thing to do. Reps. Rafael Anchia, D-Dallas, and Garnet Coleman, D-Houston, are seeking to reverse the state’s prohibition against gay marriage or same-sex civil unions. Their proposed constitutional amendments — HJR 77 … Continue reading →

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Looks like we’ll be waiting on SCOTUS for awhile

Posted on January 21, 2013 by Charles Kuffner

Texas Redistricting: The Texas redistricting appeal wasn’t on the list of cases reviewed by the Justices at their screening conference today. With the passage of time – and the case not even being listed for review – the calendar now … Continue reading →

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Who gets the water?

Posted on January 20, 2013 by Charles Kuffner

This will be worth watching. A simple idea has guided appropriations of Texas water for decades: First come, first served. Now, with drought conditions returning to almost the entire state, the principle is being put to the test by a … Continue reading →

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SCOTUS has not taken up the Texas redistricting lawsuit yet

Posted on January 6, 2013 by Charles Kuffner

Texas Redistricting: No decision announced [Friday at the Supreme Court about whether the court will hear the Texas redistricting case. The court, however, could issue additional orders on Monday. The Justices haven’t had these briefs for long, so it’s not … Continue reading →

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The dog that hasn’t barked yet

Posted on January 6, 2013 by Charles Kuffner

The most dispensible member of the Harris County legislative caucus hasn’t done what she normally does yet. Camping out in the Texas Capitol to ensure a prime designation for your legislation on illegal immigration? That’s so 2011. State Rep. Debbie … Continue reading →

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SCOTUS voter ID update

Posted on December 19, 2012 by Charles Kuffner

The matter is officially with the Supreme Court now. A federal court deferred further proceedings in a lawsuit filed by Texas over the state’s voter identification law until the U.S. Supreme Court rules on whether part of the Voting Rights … Continue reading →

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Where redistricting stands with SCOTUS

Posted on December 18, 2012 by Charles Kuffner

From Texas Redistricting: What happens now in the Supreme Court? With the filing of motions to affirm or dismiss last week by the Justice Department and intervenors, Texas’ appeal of the preclearance ruling is now ready for review by the … Continue reading →

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What will Doggett do?

Posted on December 12, 2012 by Charles Kuffner

Does Rep. Lloyd Doggett want his old district back or not? The congressional and legislative districts used in this year’s elections were temporary maps drawn by panel of federal judges in San Antonio. The maps were designed to be used … Continue reading →

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Is there more redistricting for Texas in the cards?

Posted on December 11, 2012 by Charles Kuffner

The short answer is it depends. For the most part, Republicans are content to keep the interim map used for the 2012 elections — if the courts allow it. “I don’t sense a lot of anxiousness from either the state … Continue reading →

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How long before marriage equality comes to Texas?

Posted on December 7, 2012 by Charles Kuffner

As is so often the case, the state of Texas will lag behind the rest of the country on the issue. If DOMA is struck down, questions will be raised about states that don’t recognize same-sex marriages and if it … Continue reading →

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Plaintiffs want to proceed with new redistricting maps

Posted on December 5, 2012 by Charles Kuffner

Texas Redistricting: Plaintiff groups in the Texas redistricting litigation in San Antonio told the court that it should go ahead and start the process of drawing remedial state house and congressional maps for use in 2014, but disagreed slightly about … Continue reading →

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Support Senate Concurrent Resolution 2

Posted on December 4, 2012 by Charles Kuffner

Until something is done at the federal level about the awful Citizens United ruling, there’s not much states can do about it. One thing they can do is tell the feds that they want them to take action against this … Continue reading →

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Can you believe it’s been ten years?

Posted on December 3, 2012 by Charles Kuffner

Ten years (and one week) ago, four defeated Democratic candidates for the State House filed a lawsuit against the Texas Association of Business, claiming that TAB funneled illegal corporate contributions into state legislative races in the 2002 election. As you … Continue reading →

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Parties split on waiting for SCOTUS

Posted on December 2, 2012 by Charles Kuffner

Texas Redistricting: Lawyers for the Justice Department and intervenors in the Texas voter ID case told the court yesterday that the court should put off consideration of Texas’ claim that section 5 of the Voting Rights Act is unconstitutional until … Continue reading →

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Voter ID case will likely wait for SCOTUS, too

Posted on November 26, 2012 by Charles Kuffner

Texas Redistricting: In a move not too surprising, the three-judge panel in the Texas voter ID case also has asked the parties to brief the question of whether the court should delay taking up questions about the constitutionality of section … Continue reading →

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Shall we wait for SCOTUS?

Posted on November 19, 2012 by Charles Kuffner

Texas Redistricting: The three-judge panel in San Antonio overseeing redrawing of Texas’ redistricting plans has signaled that it is at least considering the possibility of delaying action on new maps until the Supreme Court decides questions about the constitutionality of … Continue reading →

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Will health insurance exchanges be on the Lege’s agenda?

Posted on November 16, 2012 by Charles Kuffner

The deadline was today for states to decide what they want to do about implementing health insurance exchanges. At least eight Republican governors vowed not to implement the health-care law until after the November election. “I will make that decision … Continue reading →

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SCOTUS to review Section 5

Posted on November 11, 2012 by Charles Kuffner

Gird your loins. The Supreme Court has agreed to hear a challenge brought by Shelby County, Alabama to the continued constitutionality of section 5 of the Voting Rights Act. In its order taking the case, the high court limited the … Continue reading →

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The Women’s Health Program fight needs to be won at the ballot box

Posted on October 28, 2012 by Charles Kuffner

This was a strange week in the courts for Planned Parenthood and the Women’s Health Program. On Thursday, the Fifth Circuit Court of Appeals refused to rehear Planned Parenthood’s case against the state over the WHO, meaning that its awful … Continue reading →

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Carona comes out for equality

Posted on October 25, 2012 by Charles Kuffner

I have three things to say about this. In a rare if not unprecedented move for a Republican state legislator in Texas, Dallas Sen. John Carona expressed support for three key pieces of pro-equality legislation on Monday. Carona told Instant … Continue reading →

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Margins tax survives another challenge

Posted on October 21, 2012 by Charles Kuffner

Mighty quick ruling from the Supreme Court. The Supreme Court of Texas on Friday struck down a challenge by Nestle Inc. and two other businesses targeting the state’s franchise tax. Lawyers for Nestle and two Texas-based companies, Switchplace LLC and … Continue reading →

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Texas appeals DC Court redistricting decision

Posted on October 20, 2012 by Charles Kuffner

I suppose this was inevitable. Texas is appealing a federal court decision that denied preclearance to legislatively drawn redistricting maps, saying the court overstepped its authority under the federal Voting Rights Act, Attorney General Greg Abbott announced late Friday. That … Continue reading →

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No help from SCOTUS on voter registration

Posted on September 29, 2012 by Charles Kuffner

Bummer. The U.S. Supreme Court late Tuesday denied an emergency request by a voter registration group that sought to block the state from enforcing changes made last year. The legislation adds hurdles for canvassers or groups that seek to increase … Continue reading →

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Fifth Circuit upholds Texas Open Meetings Act

Posted on September 27, 2012 by Charles Kuffner

Good. A Fifth Circuit federal appeals panel on Tuesday upheld the criminal penalty provision of the Texas Open Meetings Act against a challenge by a cadre of city officials who argued it chills free speech. Texas government officials sued the … Continue reading →

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A national view on redistricting

Posted on September 26, 2012 by Charles Kuffner

The Atlantic has an interesting view of the redistricting process. Every 10 years, after U.S. census workers have fanned out across the nation, a snowy-haired gentle­man by the name of Tom Hofeller takes up anew his quest to destroy Democrats. … Continue reading →

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Fifth Circuit will re-hear the Farmers Branch lawsuit again

Posted on September 19, 2012 by Charles Kuffner

I have an uneasy feeling about this. Farmers Branch was sued four years ago after it passed an ordinance allowing the city building inspector to evict any illegal immigrant renters. Its case will now go before the full membership of … Continue reading →

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Voting-related lawsuit updates

Posted on September 18, 2012 by Charles Kuffner

From Texas Redistricting: The three-judge panel presiding over the Texas voter ID entered an order this morning adopting a briefing schedule for questions about the constitutionality of section 5 of the Voting Rights Act. With minor differences, the schedule tracks … Continue reading →

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