Tag Archives: Fifth Circuit Court of Appeals

Fifth Circuit does its thing with appeal of voter purge case

Posted on October 2, 2022 by Charles Kuffner

Get out the rubber stamp. A federal appeals court has ruled that Texas does not need to release details about a list of 11,737 registered voters whom the state has identified as potential noncitizens. The U.S. Court of Appeals for … Continue reading →

Posted in Legal matters | Tagged ACLU of Texas, Campaign Legal Center, David Whitley, DEMOS, DPS, Fifth Circuit Court of Appeals, Greg Abbott, John Scott, lawsuit, Lawyers’ Committee for Civil Rights Under Law, MALDEF, NVRA, Secretary of State, Texas, Texas Civil Rights Project, The Lege, voter registration | 2 Comments

Fifth Circuit upholds Texas’ ridiculous social media censorship law

Posted on September 19, 2022 by Charles Kuffner

Back to you, SCOTUS. A Texas law prohibiting large social media companies from banning users’ posts based on their political viewpoints will go into effect after a federal appeals court on Friday lifted a block placed on the statute. NetChoice … Continue reading →

Posted in Legal matters | Tagged Computer and Communications Industry Association, Eleventh Circuit Court of Appeals, Facebook, Fifth Circuit Court of Appeals, Florida, Google, Greg Abbott, Instagram, lawsuit, NetChoice, SCOTUS, Texas, The Lege, Twitter, YouTube | 6 Comments

A different EMTALA ruling in Idaho

Posted on August 26, 2022 by Charles Kuffner

As expected. You know where this goes from here. A federal judge on Wednesday blocked Idaho from enforcing a ban on abortions when pregnant women require emergency care, a day after a judge in Texas ruled against President Joe Biden’s … Continue reading →

Posted in Legal matters | Tagged abortion, emergency rooms, EMTALA, Fifth Circuit Court of Appeals, hospitals, Idaho, Joe Biden, Ken Paxton, Ninth Circuit Court of Appeals, SCOTUS, Texas, US Department of Health and Human Services, Xavier Becerra | Comments Off

Restraining order granted in Paxton’s EMTALA lawsuit

Posted on August 25, 2022 by Charles Kuffner

Ugh. Texas hospitals will not be required to provide emergency abortions after a federal judge ruled the Biden administration was unauthorized to enforce such a rule. U.S. District Judge James Wesley Hendrix in Lubbock ruled that the guidance by the … Continue reading →

Posted in Legal matters | Tagged abortion, emergency rooms, EMTALA, Fifth Circuit Court of Appeals, hospitals, Idaho, Joe Biden, Ken Paxton, SCOTUS, Texas, Texas Medical Association, US Department of Health and Human Services, Xavier Becerra | 1 Comment

Most of the lawsuit against the voter suppression law survives a motion to dismiss

Posted on August 6, 2022 by Charles Kuffner

Some good news. In a limited order this week, a federal judge threw out some civil rights and discrimination claims brought as part of a complex and ongoing legal dispute over strict new voting rules in Texas. The lawsuit filed last year alleges that the … Continue reading →

Posted in Legal matters | Tagged absentee ballots, ACLU, Americans with Disabilities Act, curbside voting, Dana DeBeauvoir, Disability Rights Texas, Election 2020, elections administrator, FIEL Houston, Fifth Circuit Court of Appeals, Greg Abbott, Harris County, HOPE, Isabel Longoria, Jolt Initiative, Justice Department, Ken Paxton, La Unión Del Pueblo Entero, lawsuit, League of Women Voters, MALDEF, Medina County, Mexican American Bar Association of Texas, OCA Houston, REV UP Texas, Secretary of State, Southwest Voter Registration Education Project, Texas, Texas Civil Rights Project, Texas Impact, Texas Organizing Project, The Lege, Travis County, voter suppression, Voting Rights Act, Workers Defense Action Fund | Comments Off

Redistricting plaintiffs get a win on discovery

Posted on August 2, 2022 by Charles Kuffner

Every little bit helps. A federal judge on Monday issued a wide-ranging discovery order requiring Texas state lawmakers to turn over documents related to the state’s congressional redistricting plans. The underlying lawsuit, filed by the League of United Latin American … Continue reading →

Posted in Legal matters | Tagged Congress, Fifth Circuit Court of Appeals, Justice Department, LULAC, redistricting, SBOE, SCOTUS, special session, Texas, The Lege, Voting Rights Act | Comments Off

Fifth Circuit tosses mask mandate lawsuit filed by disability rights activists

Posted on July 30, 2022 by Charles Kuffner

Par for the course. A federal appeals court on Monday tossed out a lower-court injunction, issued in November, that would have allowed public schools in Texas to ignore Gov. Greg Abbott’s ban on mask mandates. U.S. District Judge Lee Yeakel of Austin had blocked Abbott’s order as … Continue reading →

Posted in Legal matters | Tagged Americans with Disabilities Act, coronavirus, Disability Rights Texas, face masks, Fifth Circuit Court of Appeals, Greg Abbott, Justice Department, lawsuit, Miguel Cardona, Mike Morath, schools, Texas, Texas Education Agency, US Department of Education | Comments Off

A piece of the voter suppression law is blocked

Posted on July 22, 2022 by Charles Kuffner

Buckle up, this will take a bit of explanation. Parts of a 2021 Texas voting law that cracked down on assistance for voters with limited English skills and voters with disabilities can no longer be enforced. A federal judge in … Continue reading →

Posted in Legal matters | Tagged Asian American Legal Defense and Education Fund, Attorney General, Fifth Circuit Court of Appeals, lawsuit, OCA Houston, Organization of Chinese Americans-Greater Houston, Texas, The Lege, Travis County, voter suppression, Voting Rights Act | Comments Off

Paxton sues over emergency guidance to doctors

Posted on July 15, 2022 by Charles Kuffner

This is what “leaving it to the states” looks like. Texas is suing the Biden administration over guidance released Monday telling the nation’s doctors they’re protected by federal law to terminate a pregnancy as part of emergency treatment — and … Continue reading →

Posted in Legal matters, National news | Tagged abortion, emergency rooms, EMTALA, Fifth Circuit Court of Appeals, hospitals, Joe Biden, Ken Paxton, SCOTUS, Texas, US Department of Health and Human Services, Xavier Becerra | 1 Comment

Lawsuit filed over Texas trigger law implementation

Posted on June 28, 2022 by Charles Kuffner

One last fight before the curtain comes down. Texas abortion providers are making a last-ditch effort to temporarily resume procedures by challenging a pre-Roe v. Wade abortion ban that has not been enforced for nearly a half-century, but that some … Continue reading →

Posted in Legal matters | Tagged abortion, ACLU of Texas, Attorney General, Fifth Circuit Court of Appeals, Ken Paxton, lawsuit, Louisiana, SCOTUS, Texas, The Lege, Utah, Whole Woman’s Health Alliance | 2 Comments

Fifth Circuit upholds dismissal of Methodist vaccine mandate lawsuit

Posted on June 20, 2022 by Charles Kuffner

Good. A federal appeals court on Monday upheld the dismissal of a lawsuit challenging Houston Methodist’s COVID-19 vaccine mandate, which last year thrust the hospital into the national spotlight as the first healthcare system in the U.S. to require the … Continue reading →

Posted in Legal matters | Tagged coronavirus, Fifth Circuit Court of Appeals, flu, Houston, Jared Woodfill, lawsuit, Medical Center, Methodist Hospital System, Texas, vaccinations | 1 Comment

Two redistricting lawsuit updates

Posted on June 13, 2022 by Charles Kuffner

Legislators involved in the most recent redistricting effort can be made to sit for depositions. The Supreme Court refused Tuesday to block the deposition of Texas lawmakers in redistricting suits. Mum as to whether there were any dissents, the order from the … Continue reading →

Posted in Legal matters | Tagged Brooks Landgraf, Congress, Fifth Circuit Court of Appeals, John Lujan, Justice Department, LULAC, Merrick Garland, redistricting, Ryan Guillen, SBOE, SCOTUS, special session, Texas, The Lege, Voting Rights Act | Comments Off

SCOTx answers the Fifth Circuit’s questions

Posted on June 12, 2022 by Charles Kuffner

Some late-breaking SB1 lawsuit news. The Texas Supreme Court issued a ruling Friday on the term “solicit” as it pertains to the state’s new election code. […] Of three main issues, one raised several questions pertaining to the definition of … Continue reading →

Posted in Legal matters | Tagged absentee ballots, Cathy Morgan, Election 2022, elections administrator, Fifth Circuit Court of Appeals, Harris County, Isabel Longoria, Ken Paxton, lawsuit, Supreme Court, Texas, The Lege, voter suppression, Williamson County | 2 Comments

SCOTUS puts Texas’ stupid social media censorship law back on hold

Posted on June 1, 2022 by Charles Kuffner

Good. The U.S. Supreme Court on Tuesday blocked a Texas law that prohibits large social media companies, such as Facebook or Twitter, from banning or removing users’ posts based on political viewpoints. The justices, in a 5-4 vote, granted NetChoice … Continue reading →

Florida’s stupid social media censorship law knocked down by appeals court

Posted on May 25, 2022 by Charles Kuffner

With an opinion from a Trump judge, no less. A Florida law intended to punish social media platforms such as Facebook and Twitter is an unconstitutional violation of the First Amendment, a federal appeals court ruled Monday, dealing a major … Continue reading →

Texas asks SCOTUS to not block its stupid social media law

Posted on May 20, 2022 by Charles Kuffner

As you’d expect. The Supreme Court should allow a sweeping Texas law to remain in effect that restricts the ability of Facebook, Twitter and YouTube to moderate their platforms, according to the state’s attorney general. In a filing to the Court … Continue reading →

Posted in Legal matters | Tagged Computer and Communications Industry Association, Facebook, Fifth Circuit Court of Appeals, Florida, Google, Greg Abbott, Instagram, lawsuit, NetChoice, SCOTUS, Texas, The Lege, Twitter, YouTube | 1 Comment

SCOTUS asked to again block that stupid social media censorship law

Posted on May 17, 2022 by Charles Kuffner

Please save us from the lawless Fifth Circuit. Having to make such an ask of this SCOTUS sure is a jaw-grinding experience. Lobbying groups representing Facebook, Twitter, Google and other tech companies filed an emergency request with the U.S. Supreme … Continue reading →

SCOTx ponders the questions the Fifth Circuit asked it about SB1

Posted on May 15, 2022 by Charles Kuffner

Seems like there’s not that much in dispute, but there’s always something. Texas Supreme Court justices questioned during oral argument if they should answer certified questions from a federal appeals court about challenges to an election law that created penalties … Continue reading →

Posted in Legal matters | Tagged absentee ballots, Brennan Center, Cathy Morgan, Christian Menefee, Election 2022, elections administrator, Fifth Circuit Court of Appeals, Harris County, Harris County Attorney, Isabel Longoria, Ken Paxton, lawsuit, Supreme Court, Texas, The Lege, voter suppression, Williamson County | 1 Comment

That stupid social media censorship law has been unblocked

Posted on May 13, 2022 by Charles Kuffner

The Fifth Circuit continues to debase itself. A federal appeals court on Wednesday reinstated a Republican-backed Texas law that prohibits large social media companies from banning users over their political viewpoints. The decision hands a win to Republicans who have … Continue reading →

Posted in Legal matters | Tagged Briscoe Cain, Bryan Hughes, Computer and Communications Industry Association, Facebook, Fifth Circuit Court of Appeals, Florida, Google, Greg Abbott, Instagram, lawsuit, NetChoice, Texas, The Lege, Twitter, YouTube | 4 Comments

Providers’ federal lawsuit against SB8 is officially buried

Posted on May 3, 2022 by Charles Kuffner

From last week. The 5th U.S. Circuit Court of Appeals on Tuesday ended a legal challenge to Texas’ nearly total ban on abortion brought by providers across the state, closing out a contentious court battle that reached the U.S. Supreme … Continue reading →

Posted in Legal matters | Tagged abortion, Amy Hagstrom Miller, Fifth Circuit Court of Appeals, lawsuit, Lilith Fund, SCOTUS, Supreme Court, Texas, Texas Equal Access Fund, Texas Right to Life, The Lege, Wendy Davis, Whole Woman’s Health Alliance | 1 Comment

SCOTUS unanimously rejects Dave Wilson

Posted on March 28, 2022 by Charles Kuffner

Poor baby. The U.S. Supreme Court on Thursday ruled against former Houston Community College trustee Dave Wilson, finding that he didn’t have an actionable First Amendment claim after suing his colleagues for verbally censuring him in 2018. In a 9-0 … Continue reading →

Posted in Legal matters | Tagged Dave Wilson, Fifth Circuit Court of Appeals, HCC, Houston, lawsuit, SCOTUS | Comments Off

More on the abortion funds’ lawsuits

Posted on March 25, 2022 by Charles Kuffner

Good overview in the WaPo. The Texas law has so far withstood multiple court challenges by employing a highly controversial legal strategy: empowering private citizens to sue anyone who helps facilitate an abortion after the legal limit. Abortion rights advocates … Continue reading →

Posted in Legal matters | Tagged abortion, Ashley Maxwell, Bryan Hughes, DC Circuit Court of Appeals, Fifth Circuit Court of Appeals, Kamyon Conner, lawsuit, Lilith Fund, Neesha Dave, Sadie Weldon, SCOTUS, Seventh Circuit Court of Appeals, Supreme Court, Texas, Texas Equal Access Fund, The Lege | 3 Comments

Fifth Circuit asks SCOTx for help on some SB1 issues

Posted on March 25, 2022 by Charles Kuffner

The Twitter summary: . Here are the questions the 5th Circuit asked the Texas Supremes to answer: https://ca5.uscourts.gov/opinions/unpub/22/22-50110.0.pdf — Chuck Lindell (@chucklindell) 2:45 PM – 23 March 2022 To recap the history here, back in September a group of plaintiffs … Continue reading →

A trifecta of crap from the Fifth Circuit

Posted on March 18, 2022 by Charles Kuffner

It’s what they do. A federal appeals court has ruled for Texas in three lawsuits challenging the state’s voting laws, including mail-in ballot provisions and the elimination of straight-ticket voting. In a series of 2-1 rulings Wednesday evening, a panel … Continue reading →

Posted in Legal matters | Tagged absentee ballots, Americans with Disabilities Act, Attorney General, Austin Justice Coalition, Brazos County, Coalition of Texans with Disabilities, coronavirus, DCCC, DSCC, early voting, Election 2020, Fifth Circuit Court of Appeals, Ken Paxton, lawsuit, League of Women Voters, McAllen, MOVE Texas Civic Fund, NAACP, Ruth Hughs, Secretary of State, straight ticket voting, TDP, Texas, Texas Alliance for Retired Americans, Texas Association for Retired Americans, US Postal Service, Vota Latino, Voting Rights Act | 1 Comment

SCOTx hears SB8 argument

Posted on February 26, 2022 by Charles Kuffner

I’ll be honest, I had not realized this was on the calendar. The Texas Supreme Court got its first chance to weigh in on the state’s new abortion law Thursday, hearing arguments in a narrow challenge to the restrictions, which … Continue reading →

Posted in Legal matters | Tagged abortion, Alan Braid, Center for Reproductive Rights, Fifth Circuit Court of Appeals, lawsuit, Planned Parenthood, SCOTUS, Supreme Court, Texas, Texas Multidistrict Litigation Panel, Texas Right to Life, The Lege, Whole Woman’s Health Alliance | 2 Comments

COVID madness

Posted on February 20, 2022 by Charles Kuffner

How many ways will unhinged lunatics find to kill us? A federal appeals court has reversed a ruling, effectively halting United Airlines’ COVID-19 vaccine mandate for employees. The majority on the 5th U.S. Circuit panel ruled in favor of lifting … Continue reading →

Posted in Legal matters | Tagged Beth van Duyne, Centers for Disease Control, coronavirus, face masks, Fifth Circuit Court of Appeals, Ken Paxton, lawsuit, Ted Cruz, Texas, United Airlines, vaccinations | 1 Comment

Of course the Fifth Circuit put a hold on the SB1 injunction

Posted on February 19, 2022 by Charles Kuffner

There is nothing more reliable in this world than the Fifth Circuit giving Republicans everything they ask for. The 5th U.S. Circuit Court of Appeals has put a temporary hold on a preliminary injunction that had blocked enforcement of a … Continue reading →

Injunction granted in lawsuit over criminal penalties for election officials who encourage voting by mail

Posted on February 13, 2022 by Charles Kuffner

That’s a somewhat complicated headline for this. A new Texas law that keeps local election officials from encouraging voters to request mail-in ballots likely violates the First Amendment, a federal judge ruled late Friday. Following a testy three-hour hearing earlier … Continue reading →

Posted in Legal matters | Tagged absentee ballots, Brennan Center, Cathy Morgan, Christian Menefee, Election 2022, elections administrator, Fifth Circuit Court of Appeals, Harris County, Harris County Attorney, Isabel Longoria, Ken Paxton, lawsuit, Texas, The Lege, Travis County, voter suppression, Williamson County | 1 Comment

Anti-Israel boycott law knocked down again

Posted on February 5, 2022 by Charles Kuffner

Turns out this is a First Amendment violation. Who knew? (Spoiler alert: Pretty much everyone else in the world.) Texas can’t forbid an engineering firm from boycotting Israel as part of its contract with Houston City Hall, a federal judge … Continue reading →

Posted in Legal matters | Tagged A & R Engineering and Testing Inc, boycott, CAIR, Fifth Circuit Court of Appeals, Houston, Israel, Ken Paxton, lawsuit, Palestine, Texas, The Lege | 1 Comment

SB8 litigation will stay with SCOTx

Posted on January 22, 2022 by Charles Kuffner

Another game of Calvinball, same result. The U.S. Supreme Court denied on Thursday abortion providers’ latest request to intervene in the ongoing legal challenge against Texas’ restrictive abortion law, cutting off one of their few remaining paths to a speedy … Continue reading →

Posted in Legal matters | Tagged abortion, Amy Hagstrom Miller, Fifth Circuit Court of Appeals, Greg Abbott, lawsuit, SCOTUS, Supreme Court, Texas, The Lege | 1 Comment

SB8 lawsuit moves to SCOTx

Posted on January 19, 2022 by Charles Kuffner

Like I said, the fix was always in. The 5th U.S. Circuit Court of Appeals on Monday sent the legal challenge to Texas’ restrictive abortion law to the state’s Supreme Court, a move that is expected to significantly delay the … Continue reading →

Posted in Local politics | Tagged abortion, Amy Hagstrom Miller, Center for Reproductive Rights, Fifth Circuit Court of Appeals, Justice Department, lawsuit, Planned Parenthood, SCOTUS, Supreme Court, Texas, The Lege, Whole Woman’s Health Alliance | 2 Comments

Fifth Circuit gets set to put the final nail in SB8 legal challenges

Posted on January 8, 2022 by Charles Kuffner

The fix was always in. In a contentious hearing Friday, a federal appeals court indicated it is likely to send Texas’ restrictive abortion law to the state supreme court, a move that could add months or longer before the case … Continue reading →

Posted in Legal matters | Tagged abortion, Amy Hagstrom Miller, Center for Reproductive Rights, Fifth Circuit Court of Appeals, Justice Department, lawsuit, Planned Parenthood, SCOTUS, Supreme Court, Texas, The Lege, Whole Woman’s Health Alliance | Comments Off

SB8 plaintiffs want their lawsuit moved back to district court

Posted on January 5, 2022 by Charles Kuffner

As is usually the case, the lawless Fifth Circuit is the problem, with a generous assist from SCOTUS. With the 5th U.S. Circuit Court of Appeals set to hear arguments about Texas’ restrictive new abortion law Friday, abortion providers have … Continue reading →

SCOTUS finds another way to screw abortion rights

Posted on December 20, 2021 by Charles Kuffner

Surely you’re not surprised. The Supreme Court has formally returned a lawsuit over Texas’ six-week abortion ban to a federal appeals court that has twice allowed the law to stay in effect, rather than to a district judge who sought … Continue reading →

Tag Archives: Fifth Circuit Court of Appeals

Calendar

Categories

Archives

My linkage

Polling Texas 2020

Polling Texas 2018

Polling Texas 2016

Polling Texas 2014

Polling Texas 2012

Recent Posts

Recent Comments

Tags

Blogroll

Utilities