Tag Archives: SCOTUS

SCOTUS hears the EMTALA case

Posted on April 25, 2024 by Charles Kuffner

Hope for the best, but be prepared for the worst. The Supreme Court appeared split Wednesday in a case over whether a federal law requiring hospitals to provide appropriate stabilizing medical treatment for patients could in some cases overrule a … Continue reading →

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

Paxton’s disciplinary lawsuit can continue

Posted on April 21, 2024 by Charles Kuffner

So says the same court that upheld the Sidney Powell dismissal. A Dallas appeals court ruled Friday that Attorney General Ken Paxton can face disciplinary action for his efforts to overturn the 2020 election. A three-judge panel on the 5th … Continue reading →

Posted in Legal matters | Tagged 5th Court of Appeals, Brynne VanHettinga, Collin County, Donald Trump, Election 2020, Jim Harrington, Ken Paxton, Kyle Hawkins, lawsuit, Lawyers Defending American Democracy, President, SCOTUS, Sidney Powell, Solicitor General, State Bar of Texas, Texas, Texas Bar Foundation, Texas Civil Rights Project | Leave a comment

Is Ted Cruz ever going to feel some pressure about abortion?

Posted on April 19, 2024 by Charles Kuffner

News item #1: Whatever happens in Arizona in November, we got a preview of the difficulty Republican candidates will have in states where high-stakes ballot initiatives literally put abortion on the ballot. Shortly after Arizona’s high court ruled that the … Continue reading →

Posted in Election 2024 | Tagged abortion, Arizona, Colin Allred, Donald Trump, Election 2024, EMTALA, Florida, Joe Biden, Kari Lake, mifepristone, Rick Scott, SCOTUS, Senate, Supreme Court, Ted Cruz, Texas | 4 Comments

Book ban law stays blocked

Posted on April 18, 2024 by Charles Kuffner

Good. Key portions of a law signed last year by Gov. Greg Abbott requiring booksellers to rate books for sexual content when selling to schools will not go into effect after the 5th Circuit Court of Appeals on Tuesday declined … Continue reading →

Posted in Legal matters | Tagged American Booksellers Association, Angela Paxton, Association of American Publishers, Authors Guild, Blue Willow Bookshop, BookPeople, Books, censorship, Comic Book Legal Defense Fund, Election 2024, Fifth Circuit Court of Appeals, HD106, Jared Patterson, Keven Ellis, lawsuit, Martha Wong, Mike Morath, SBOE, school libraries, SCOTUS, SD08, Texas, Texas Education Agency, Texas State Library and Archives Commission, The Lege | 1 Comment

The Fifth Circuit has its merits hearing on SB4

Posted on April 4, 2024 by Charles Kuffner

This is the big one. A federal appeals court heard arguments Wednesday from Texas and the federal government about whether it should continue blocking a new Texas law that would let state police arrest migrants suspected of entering the U.S. … Continue reading →

Posted in La Migra, Legal matters | Tagged ACLU of Texas, American Gateways, Bastrop County, Congress, Donald Trump, DPS, El Paso, Election 2024, Fifth Circuit Court of Appeals, Greg Abbott, Harris County, Hidalgo County, immigration, Joe Biden, Justice Department, Las Americas Immigrant Advocacy Center, lawsuit, MALDEF, McLennan County, Mexico, SCOTUS, Senate, Steve McCraw, Texas, Texas Civil Rights Project, The Lege | Comments Off

Fifth Circuit leaves SB4 block in place

Posted on March 28, 2024 by Charles Kuffner

Good. A federal appeals panel late Tuesday night declined to put Texas’s migrant deportation law back in effect, saying the state law seizes powers that are “likely reserved to the United States.” The 2-1 opinion from the 5th Circuit Court … Continue reading →

SCOTUS seems likely to dump the mifepristone ban case

Posted on March 27, 2024 by Charles Kuffner

Some good news. For this Supreme Court to reject abortion restrictions, the argument has to be pretty bad. “That it?” Justice Amy Coney Barrett cut in tersely as anti-abortion group lawyer Erin Hawley (yes, that Hawley) enumerated the supposed harms … Continue reading →

Posted in Legal matters, National news | Tagged Donald Trump, Election 2024, FDA, Fifth Circuit Court of Appeals, Joe Biden, Justice Department, lawsuit, mifepristone, pharmacies, SCOTUS, Texas, Xavier Becerra | Comments Off

Mexico asks Fifth Circuit to keep blocking SB4

Posted on March 25, 2024 by Charles Kuffner

They definitely have an interest in this. The Mexican government is urging a federal court to block Texas’ migrant deportation law, arguing it will trample the country’s right to regulate its own borders, terrorize the 2.4 million Mexican nationals living … Continue reading →

Posted in La Migra, Legal matters | Tagged ACLU of Texas, American Gateways, Bastrop County, Congress, Donald Trump, DPS, El Paso, Election 2024, Fifth Circuit Court of Appeals, Greg Abbott, Harris County, Hidalgo County, immigration, Joe Biden, Justice Department, Las Americas Immigrant Advocacy Center, lawsuit, MALDEF, McLennan County, Mexico, SCOTUS, Senate, Sheriff’s Association of Texas, Steve McCraw, Texas, Texas Civil Rights Project, Texas Municipal Police Association, Texas Police Chiefs Association, The Lege | Comments Off

Fifth Circuit has its SB4 hearing

Posted on March 21, 2024 by Charles Kuffner

More whiplashing. The chief judge on an appeals panel weighing whether to block Texas’ new migrant deportation law appeared skeptical that it does not run afoul of longstanding precedent leaving immigration enforcement solely to the federal government. Questioning the state’s … Continue reading →

And just like that, SCOTUS flipflops on SB4

Posted on March 20, 2024 by Charles Kuffner

UPDATE: It’s blocked again! A federal appeals court late Tuesday night stopped a state law allowing Texas police to arrest people suspected of illegally crossing the Texas-Mexico border — hours after the U.S. Supreme Court had allowed it to go … Continue reading →

SCOTUS pauses SB4 again

Posted on March 19, 2024 by Charles Kuffner

This time indefinitely. The Supreme Court on Monday extended a temporary block on a new Texas immigration law that is being challenged by the Biden administration. In an order issued by conservative Justice Samuel Alito, the court again imposed a … Continue reading →

Fifth Circuit mostly upholds that wingnut anti-birth control ruling

Posted on March 15, 2024 by Charles Kuffner

A tale as old as time, the Fifth Circuit doing terrible things. The 5th Circuit Court of Appeals upheld a Texas law requiring parental consent to obtain contraception for minors. The decision from a three-judge panel of the federal appeals … Continue reading →

Posted in Legal matters | Tagged abortion, birth control, Every Body Texas, Fifth Circuit Court of Appeals, lawsuit, Sabine County, SCOTUS, teen pregnancy, Texas, Title X, US Department of Health and Human Services, Xavier Becerra | 6 Comments

SB4 remains on hold

Posted on March 13, 2024 by Charles Kuffner

Fine by me. No rush. The Supreme Court on Tuesday further delayed a new Texas law empowering state authorities to arrest and deport migrants that would transform immigration enforcement long left to the federal government. Justice Samuel Alito extended an … Continue reading →

The Fifth Circuit remains extremely on brand

Posted on March 5, 2024 by Charles Kuffner

Of all the Fifth Circuits in the world, they’re the Fifth Circuitest. A new law empowering state authorities to arrest and deport migrants seeking asylum in the United States may soon take effect after an appeals court stepped in to … Continue reading →

Posted in La Migra, Legal matters | Tagged ACLU of Texas, American Gateways, Congress, Donald Trump, DPS, El Paso, Election 2024, Fifth Circuit Court of Appeals, Greg Abbott, immigration, Joe Biden, Justice Department, Las Americas Immigrant Advocacy Center, lawsuit, Mexico, SCOTUS, Senate, Steve McCraw, Texas, Texas Civil Rights Project, The Lege | 1 Comment

Abortion and IVF roundup

Posted on March 5, 2024 by Charles Kuffner

Texas IVF patients are dealing with a lot of uncertainty right now. Heather Burzlaff has four embryos in a freezer in Dallas and she doesn’t know what to do with them. After seven years of medications, egg retrievals and waiting, … Continue reading →

Posted in The great state of Texas | Tagged abortion, adoption, Alabama, California, Congress, Election 2024, gay rights, Greg Abbott, IVF, Ken Paxton, Louisiana, mifepristone, Mihaela Plesa, SCOTUS, Senate, Supreme Court, telemedicine, Texas, The Lege | 1 Comment

Starr County DA disciplined for that self-induced abortion murder charge from 2022

Posted on March 3, 2024 by Charles Kuffner

It’s something. Not much, but something. A Texas prosecutor has been disciplined for allowing murder charges to be filed against a woman who self-managed an abortion in a case that sparked national outrage. Starr County District Attorney Gocha Ramirez agreed … Continue reading →

Posted in Legal matters | Tagged abortion, Frontera Fund, Gocha Allen Ramirez, grand jury, Lizelle Herrera, National Latina Institute for Reproductive Justice, SCOTUS, South Texans for Reproductive Justice, Starr County, State Bar of Texas, Texas, WREN Collective | Comments Off

SB4 blocked by federal court

Posted on March 1, 2024 by Charles Kuffner

Good. A federal judge in Austin on Thursday halted a new state law that would allow Texas police to arrest people suspected of crossing the Texas-Mexico border illegally. The law, Senate Bill 4, was scheduled to take effect Tuesday. U.S. … Continue reading →

Posted in La Migra, Legal matters | Tagged ACLU of Texas, American Gateways, Congress, Donald Trump, DPS, El Paso, Election 2024, Greg Abbott, immigration, Joe Biden, Justice Department, Las Americas Immigrant Advocacy Center, lawsuit, Mexico, SCOTUS, Senate, Steve McCraw, Texas, Texas Civil Rights Project, The Lege | 1 Comment

SCOTUS has its hearing on the stupid social media censorship law

Posted on February 27, 2024 by Charles Kuffner

Some modest hope, perhaps, that we’ll get a not-terrible ruling. The Supreme Court cast doubt Monday on state laws that could affect how Facebook, TikTok, X, YouTube, and other social media platforms regulate content posted by their users. The cases … 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 | Comments Off

SB4 lawsuit has its day in court

Posted on February 18, 2024 by Charles Kuffner

We’ll see what happens. Lawyers for the Biden administration and Texas faced off in a federal court in Austin on Thursday to argue whether a new state law that would allow police to arrest people suspected of crossing the Texas-Mexico … Continue reading →

SCOTx has its hearing on gender affirming care ban

Posted on February 1, 2024 by Charles Kuffner

I don’t know what to expect. The Texas Supreme Court heard a legal challenge Tuesday to a new state law banning doctors from prescribing gender-affirming care for transgender youth, a prohibition that a district court judge said was unconstitutional. After … Continue reading →

Posted in Legal matters | Tagged ACLU of Texas, Greg Abbott, Ken Paxton, Lambda Legal, lawsuit, puberty blockers, SCOTUS, Texas, The Lege, Tom Oliverson, Transgender Law Center, transgender rights | 1 Comment

We’re beginning to quantify the effect of the abortion ban

Posted on January 26, 2024 by Charles Kuffner

Three stories from the Chron about abortion and forced births. The first one involves rape victims. Read carefully. More than 26K rape-related pregnancies estimated after Texas outlawed abortions. Texas saw an estimated 26,313 rape-related pregnancies during the 16 months after … Continue reading →

Posted in The great state of Texas | Tagged abortion, birth control, Centers for Disease Control, Greg Abbott, Idaho, Kate Cox, Ken Paxton, Montana, rape, Resound Research for Reproductive Health, SCOTUS, Supreme Court, Tennessee, Texas, The Lege, UH | Comments Off

SCOTUS to hear Idaho EMTALA appeal

Posted on January 7, 2024 by Charles Kuffner

This does sound ominous. The Supreme Court announced Friday that it would take up a case centered on abortion care in emergency medical situations, leapfrogging the 9th Circuit Court of Appeals, which was scheduled to hear arguments later this month. … Continue reading →

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

Elevated Access

Posted on January 5, 2024 by Charles Kuffner

More great reporting from Texas Public Radio about the brave and creative ways that people in Texas are finding to help others get the health care they need outside the state. Since the U.S. Supreme Court overturned Roe v. Wade, … Continue reading →

Posted in The great state of Texas | Tagged abortion, Elevated Access, SCOTUS, Texas, The Lege | Comments Off

Fifth Circuit rules EMTALA doesn’t apply to abortions

Posted on January 4, 2024 by Charles Kuffner

A typically crappy ruling from our least favorite appeals court. Federal regulations do not require emergency rooms to perform life-saving abortions if it would run afoul of state law, a federal appeals court ruled Tuesday. After the overturn of Roe … Continue reading →

Posted in Legal matters | Tagged abortion, Amanda Zurawski, emergency rooms, EMTALA, Fifth Circuit Court of Appeals, hospitals, Idaho, Joe Biden, Kate Cox, Ken Paxton, SCOTUS, Texas, Texas Medical Association, US Department of Health and Human Services, Xavier Becerra | 2 Comments

Justice Department sues over SB4

Posted on January 4, 2024 by Charles Kuffner

As they had threatened to do. The U.S. Department of Justice sued Texas on Wednesday over a new state law that allows Texas police to arrest migrants suspected of crossing the Texas-Mexico border illegally. “Texas cannot disregard the United States … Continue reading →

Posted in La Migra, Legal matters | Tagged ACLU of Texas, American Gateways, DPS, Greg Abbott, immigration, Joe Biden, Justice Department, Las Americas Immigrant Advocacy Center, lawsuit, Mexico, SCOTUS, Senate, Steve McCraw, Texas, The Lege | 1 Comment

ACLU and immigrants rights groups sue over our latest legislative atrocity

Posted on December 20, 2023 by Charles Kuffner

Here we go. Immigrant rights organizations have sued Texas after Gov. Greg Abbott approved one of the strictest state immigration enforcement laws, which authorizes police to arrest immigrants suspected of crossing the border illegally. In their lawsuit, the American Civil … Continue reading →

Posted in La Migra, Legal matters | Tagged ACLU of Texas, American Gateways, DPS, El Paso, Greg Abbott, immigration, Joe Biden, Justice Department, Las Americas Immigrant Advocacy Center, lawsuit, Mexico, SCOTUS, Senate, special session, Steve McCraw, Texas, Texas Civil Rights Project, The Lege | Comments Off

Republicans are not going to do anything to loosen abortion restrictions

Posted on December 20, 2023 by Charles Kuffner

Even those who want to do so will be forced to back down. The only way forward is to win more elections. When the Supreme Court struck down the constitutional right to abortion last year, strict abortion bans in more … Continue reading →

Posted in National news | Tagged abortion, Ann Johnson, SCOTUS, Texas, The Lege | Comments Off

One key takeaway from the SCOTx ruling in the Kate Cox case

Posted on December 15, 2023 by Charles Kuffner

I’m sure you’re as mad about the Kate Cox case as I am. The thing you need to know is there is very much something you can do about it. Like, right now. When a majority of Texans want the … Continue reading →

Posted in Election 2024 | Tagged abortion, Bonnie Lee Goldstein, Center for Reproductive Rights, Christine Weems, DaSean Jones, Democratic primary, Election 2024, Jane Bland, Jimmy Blacklock, Joe Pool, John Devine, judicial races, Kate Cox, Ken Paxton, lawsuit, Randy Sarosdy, SCOTUS, Supreme Court, Texas | 8 Comments

SCOTUS takes up mifepristone appeal

Posted on December 14, 2023 by Charles Kuffner

Get ready. The Supreme Court announced Wednesday that it will hear arguments on the accessibility of the abortion drug mifepristone in the biggest abortion case since Dobbs. The case stems from a widely panned decision handed down by notorious Donald … Continue reading →

Fifth Circuit does its thing with Galveston redistricting

Posted on December 13, 2023 by Charles Kuffner

Death, taxes, and the Fifth Circuit being terrible. The U.S. 5th Circuit Court of Appeals has blocked a new political map imposed on Galveston County by a lower court from taking effect. Plaintiffs are asking the U.S. Supreme Court to … Continue reading →

Posted in Legal matters | Tagged Commissioners Court, Election 2024, Fifth Circuit Court of Appeals, filing deadline, Galveston, Justice Department, lawsuit, Mark Henry, primaries, redistricting, SCOTUS, Southern Coalition for Social Justice, Stephen Holmes, Texas, Texas Civil Rights Project, Voting Rights Act | Comments Off

The state of healthcare for trans kids today

Posted on December 12, 2023 by Charles Kuffner

It’s bad. In the past three years alone, life as a young transgender person in the U.S. has changed dramatically. Before 2021, gender-affirming medical care was legal in all 50 states. None had even tried to ban it. Today, 22 … Continue reading →

Posted in National news | Tagged abortion, American Academy of Pediatrics, American Medical Association, Campaign for Southern Equality, SCOTUS, Society for Adolescent Health and Medicine, Texas, transgender rights | Comments Off

Spring Branch ISD single member district lawsuit on hold as federal courts screw around with VRA

Posted on December 9, 2023 by Charles Kuffner

Frustrating. A federal lawsuit that aims to change Spring Branch ISD’s election system to bring more representation to the school board will likely be delayed for months, pending decisions in several other cases that could impact the legality of the … Continue reading →

Posted in Uncategorized | Tagged Eighth Circuit Court of Appeals, Eleventh Circuit Court of Appeals, Fifth Circuit Court of Appeals, lawsuit, SCOTUS, single member districts, Spring Branch, Texas, Virginia Elizondo, Voting Rights Act | Comments Off

Galveston ordered to use its current map for 2024

Posted on December 6, 2023 by Charles Kuffner

Pending the Fifth Circuit, of course. A federal judge ruled Galveston County must keep its old commissioner precinct map in place for the 2024 election while a federal appeals court mulls overturning its precedent and allowing new maps which do … Continue reading →

Idaho appeals EMTALA injunction to SCOTUS

Posted on November 28, 2023 by Charles Kuffner

Brace yourselves. Idaho asked the Supreme Court Monday to stay a lower court injunction, or to take up its case directly, as it attempts to fend off the Biden administration’s challenge of the state’s abortion ban. The government filed suit … Continue reading →

Posted in Legal matters | Tagged abortion, Amanda Zurawski, Election 2024, emergency rooms, EMTALA, Fifth Circuit Court of Appeals, hospitals, Idaho, Joe Biden, Ken Paxton, Ninth Circuit Court of Appeals, SCOTUS, Supreme Court, Texas, US Department of Health and Human Services, Xavier Becerra | Comments Off

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