Tag Archives: Fifth Circuit Court of Appeals

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

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

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SB8 plaintiffs want their lawsuit moved back to district court

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

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SCOTUS finds another way to screw abortion rights

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

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Biden employer vaccine mandate back on

For now, at least. A federal appeals court panel on Friday allowed President Joe Biden’s COVID-19 vaccine mandate for larger private employers to move ahead, reversing a previous decision on a requirement that could affect some 84 million U.S workers. … Continue reading

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SCOTUS allows providers’ lawsuit against SB8 to proceed

There’s a lot to unpack here. The U.S. Supreme Court on Friday ruled that the legal challenge brought forward by abortion providers against Texas’ abortion restriction law may continue, bringing new life into what has become the most significant effort … Continue reading

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HISD will keep its mask mandate

This is in response to that recent Fifth Circuit ruling about mask mandates in schools and whether Greg Abbott’s ban on them violated the Americans with Disabilities Act. The Houston Independent School District will keep its mask mandate in place, … Continue reading

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Fifth Circuit puts school mask order on hold

This effing court. A federal appeals court has reinstated Gov. Greg Abbott’s executive order banning mask mandates as it weighs a federal judge’s ruling that the ban violates the rights of disabled students. U.S. District Judge Lee Yeakel previously ruled … Continue reading

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Biden tries again on the employer vaccine mandate

Different appeals court this time. The Biden administration is asking the 6th US Circuit Court of Appeals to wipe away an order from another appeals court blocking its Occupational Safety and Health Administration vaccine mandate. Several lawsuits were brought challenging the … Continue reading

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Still waiting on SCOTUS

They’re in no rush. More than two weeks have passed since the Supreme Court’s extraordinarily rushed arguments over Texas’ unique abortion law without any word from the justices. They raised expectations of quick action by putting the case on a … Continue reading

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Texas sues over the health care workers vaccine mandate

It’s a trifecta. In Texas’ latest legal challenge targeting federal vaccination mandates, Attorney General Ken Paxton is suing the Biden administration over its recent order requiring health workers to receive the COVID-19 vaccine. The Biden administration issued an emergency order, … Continue reading

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Fifth Circuit extends hold on Biden employer vaccine mandate

The worst court in America keeps on keeping on. A federal appeals court kept its block on the implementation on the Biden administration rule that requires large companies to mandate COVID-19 vaccines for employees or carry out weekly testing starting in January. … Continue reading

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We wait on the Fifth Circuit

They have received briefs and held a hearing about whether to keep or lift their hold on the Biden COVID vaccine mandate for employers. A coalition of businesses argued in federal court Tuesday that they would suffer “irreparable harm” if … Continue reading

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The employer vaccine mandate is here (and on hold)

Here are the details. Deadline is Jan. 4: The first rule, issued by the Occupational Safety and Health Administration, covers companies with 100 or more employees, applying to an estimated 84 million workers. Companies must ensure that their workers are … Continue reading

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SB8’s day before SCOTUS

The good guys appear to have the upper hand in this case. It seems unlikely that will last for very long, however. The U.S. Supreme Court on Monday grilled attorneys for abortion providers, the federal government and Texas over the … Continue reading

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The SCOTUS hearing on SB8 is today

I have no idea what to expect. The U.S. Supreme Court will take up on Monday the highest-profile legal challenges to Texas’ new abortion law. The Supreme Court previously declined to act on the near-total abortion ban, making next week’s … Continue reading

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SCOTUS will hear SB8 appeals

Both of them, on November 1. The law remains annoyingly in effect until then. The U.S. Supreme Court has agreed to fast-track two Texas cases involving the state’s near-total ban on abortion, but refused to halt the law from being … Continue reading

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Texas takes its shot at Roe v Wade

We were always headed in this direction. It was just a matter of when we were going to get there. Texas on Thursday asked the U.S. Supreme Court to keep in place a law that imposes a near-total ban on … Continue reading

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Justice Department officially asks SCOTUS to halt SB8

The stakes are clear. Now we get to see if SCOTUS has any respect for the law. The U.S. Supreme Court is considering whether to take up abortion providers’ challenge to Texas’ near-total abortion ban sooner than the high court … Continue reading

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Justice Department goes to SCOTUS over SB8

As expected. The Biden administration will ask the U.S. Supreme Court to stop enforcement of Texas’ near-total abortion ban, according to a Friday statement from a U.S. Department of Justice spokesperson. Courts have pingponged back and forth on the law’s … Continue reading

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Fifth Circuit does the expected with the SB8 appeal

Was it ever in doubt? Texas’ near-total abortion ban can continue to be enforced while the law’s constitutionality is decided, a panel of federal appellate judges ordered late Thursday. The three justices of the 5th U.S. Circuit Court of Appeals … Continue reading

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Justice Department files its brief with the Fifth Circuit

Good luck. They’re going to need a lot of it. The Biden administration urged the courts again to step in and suspend a new Texas law that has banned most abortions since early September, as clinics hundreds of miles away remain … Continue reading

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We wait until at least Tuesday for a chance at justice with SB8

In case you missed it. The 5th U.S. Circuit Court of Appeals late Friday temporarily allowed Texas’ near-total abortion ban — the strictest in the nation — to again be enforced after freezing a federal judge’s temporary block of the … Continue reading

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State appeals SB8 restraining order to Fifth Circuit

I’m sure they expect the usual room service from the appeals court. It’s just a matter of how quickly they can get it. Texas asked a federal appeals court Friday to step in “as soon as possible” to restore the … Continue reading

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Federal judge blocks SB8

Some justice for now, but we’ll see how long it lasts. A federal judge temporarily blocked Texas’ near-total abortion ban Wednesday as part of a lawsuit the Biden administration launched against the state over its new law that bars abortions … Continue reading

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If in Texas you can’t get justice…

…Try somewhere else. An abortion provider in Texas took the unusual step Tuesday of asking a federal judge in another state to declare unconstitutional the six-week-ban on the procedure that took effect last month in Texas. Lawyers for Dr. Alan Braid, … Continue reading

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How the “heartbeat” lawsuits may proceed

The recent “Amicus” podcast from Slate had a bonus segment on the many lawsuits that have been filed in relation to and challenge to SB8, the so-called “heartbeat” bill. For all the normal people out there who don’t follow this … Continue reading

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Trying again to get SCOTUS to stop SB8

Good luck. A coalition of Texas abortion providers went back to the Supreme Court Thursday, asking the justices to expedite a review of the state law that bars abortions after six weeks of pregnancy. The law has been in effect … Continue reading

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The tab for voter ID

Impressive. Texas remains responsible for nearly $6.8 million in legal fees and costs owed to the collection of parties who sued over its voter ID law. Though the state ultimately won the long-winding fight to keep the voter ID law … Continue reading

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The “heartbeat” bill is about to become law

There’s nothing standing in the way. A Texas law that would ban abortions after as early as six weeks is poised to take effect Wednesday, after a federal appellate court’s rulings stymied efforts to block the law. On Friday night, … Continue reading

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Final settlement in Motor Voter 2.0 lawsuit

From Democracy Docket: Last Friday, individual Texan voters, the Texas Democratic Party, the Democratic Congressional Campaign Committee (DCCC) and the Democratic Senatorial Campaign Committee (DSCC) settled a five-year long lawsuit with Texas over its noncompliance with the National Voter Registration … Continue reading

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Methodist anti-vaxxers officially fired

I have three things to say about this. More than 150 Houston Methodist Hospital employees resigned or have been fired as of Tuesday over a recent policy that required hospital employees to be vaccinated against COVID-19 by Monday. All told, … Continue reading

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Methodist anti-vaxxers appeal lawsuit dismissal

As expected. A group of Houston Methodist employees who sued the hospital system over its COVID-19 vaccine requirement have appealed a ruling dismissing the case. Over the weekend, U.S. District Judge Lynn N. Hughes tossed the lawsuit, calling it “reprehensible” … Continue reading

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Republican bail reform bill passes House

Meh. The Texas House on Tuesday passed a bill to alter the way criminal defendants can be released from jail before trial. The priority legislation would, in part, require judicial officers to use a risk assessment tool when making bail … Continue reading

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Dave Wilson censure lawsuit goes to SCOTUS

We live in strange times. The U.S. Supreme Court agreed to hear a case involving former Houston Community College trustee Dave Wilson who alleges in a lawsuit that the school violated his constitutional rights. Wilson, who served on HCC’s board … Continue reading

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