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The US Court of Appeals for the Fifth Circuit ruled on Wednesday that Texas legislation aimed at restricting or banning “sexually explicit” books in public school libraries likely violates the Constitution, affirming a lower court’s injunction against it. However, immediate legal pushback ensued.
The US Supreme Courtruled 5-4 Wednesday that Texas does not have the authority to regulate gaming on the Ysleta del Sur Pueblo reservation in El Paso, Texas. However, Texas argued that bingo is a “prohibited” game in the state if it does not follow state regulations.
Chief US District Judge Alia Moses rejected a motion for a preliminary injunction from Texas on Wednesday to block the Department of Homeland Security (DHS) from cutting wire fencing at the US-Mexico border. The case is in the US District Court for the Western District of Texas.
The US Supreme Courtruled Wednesday that an Army reservist can sue Texas for improper treatment under the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA). This injury left Torres unable to return to his previous job as a state trooper with the Texas Department of Public Safety.
The Texas Supreme Court Friday ruled that state agencies in Texas may investigate gender affirming care as child abuse but that the Department of Family and Protective Services (DFPS) is not bound to undertake any such investigations. Texas took an interlocutory appeal, superseding the injunction.
The US Department of Justice filed an appeal on Friday with the US Court of Appeals for the Fifth Circuit challenging a lower courtruling in July blocking new applications to the Deferred Action for Childhood Arrivals (DACA) program.
The US Supreme Court heard oral arguments Wednesday on the case Gonzalez v. Trevino , which concerns the arrest of a Castle Hills, Texas councilwoman who argues that she was arrested in retaliation for her critical speech about the city’s government.
A Texas federal court judge Tuesday ruled Apple Inc. The Texas US District Court denied Apple’s motion for a new trial and judgement as a matter of law. Following trial, in August 2020 a Texas federal jury found that Apple willfully infringed certain claims of the five asserted patents.
A three-judge panel of the Fifth District Court of Appeals ruled Tuesday that a controversial Texaslaw, Senate Bill (SB) 4 , will remain on hold as litigation continues. SB4, the controversial Texaslaw that is the subject of this continued litigation, was originally signed into law in December 2023.
“Texas teens need parental consent to access birth control, federal appeals courtrules”: Bayliss Wagner of The Austin American-Statesman has this report. ” Brendan Pierson of Reuters reports that “ Court upholds Texas parental consent law for birth control.”
An Oregon county judge blocked Oregon Ballot Measure 114 (BM 114), Oregon’s gun control law, from taking effect on Tuesday. The court found that the ballot measure violated the state constitution , despite a previous federal courtruling finding that the measure complied with the US Constitution’s Second Amendment.
“Texas Library Must Reshelve Controversial Books, 5th Cir. Says; Appeals courtruling mostly keeps preliminary injunction in place; Removed books involving LGBTQ, racism themes must be reshelved”: Julie Steinberg and Isaiah Poritz of Bloomberg Law have this report.
The state of New York, in an emergency session Friday, passed a new gun law in response to the US Supreme Courtruling in New York State Rifle & Pistol Association v. The new law removes the “proper cause” criterion, which required that the applicant prove the need for their permit before receiving it.
“Texas’ migrant-deterring buoys can remain in Rio Grande after appeals courtruling; The action set additional arguments for May and vacated an earlier order that said the floating barrier violated a longstanding federal law”: Aarón Torres of The Dallas Morning News has this report.
“Domestic Abusers Have Gun Rights Too, US Appeals CourtRules; Court vacates conviction of Texas man tied to five shootings; Ruling is latest fallout from US Supreme Court landmark ruling”: Erik Larson of Bloomberg News has this report. Court of Appeals for the Fifth Circuit at this link.
“ Travis County judges can’t hear appeals from migrants arrested under Texas border security push, courtrules ” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
“Supreme CourtRules for Ted Cruz in Campaign Finance Case; The Texas senator challenged a federal law that put a $250,000 cap on repayments of candidates’ loans to their campaigns using postelection contributions”: Adam Liptak of The New York Times has this report. ” David G. ” David G.
The US Court of Appeals for the Fifth Circuit agreed on Friday to rehear a gerrymandering case out of Galveston County, Texas, en banc— meaning the full bench of judges from the Fifth Circuit will sit to rehear arguments. The district courtruled in favor of the petitioners, and Galveston County appealed.
Texas Supreme Court weighs the line in drunk driving case. The courtsruling could boost a state law that allows drunk driving victims to sue businesses that over-serve alcohol to intoxicated individuals.” ” Pavan Acharya of The Texas Tribune has this report.
“Federal appeals court lets Texas keep anti-migrant buoys in place for now; A judge in Austin had said Texas installed the floating barrier illegally, rejecting Gov. Abbott’s assertion a migrant ‘invasion’ lets the state ignore federal law and treaties”: Todd J. ” William Melhado and Uriel J.
“A federal court clears the way for a Texas social media law; The law, which had been blocked by a lower court, makes it possible to sue large social media platforms for taking down political viewpoints”: David McCabe of The New York Times has this report. ” Paul J. .” ” Paul J.
First, the court found that—despite petitioners’ claims—Congress does maintain the authority to regulate adoption and foster proceedings involving Indigenous children. Petitioners’ contended that the proceedings fall within the realm of family law, which is usually governed by state law.
Court of Appeals for the Fifth Circuit ruled in a Texas case that different minority groups cannot jointly claim that their votes have been diluted”: Michael Wines and J. ” You can access yesterday’s 12-to-6 en banc ruling of the U.S. .” David Goodman of The New York Times have this report.
Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. In Thursday’s ruling in Cummings v. Check back soon for in-depth analysis of the opinion.
The conflict involves how water is apportioned between New Mexico and Texas under an interstate compact first approved by Congress in the mid-twentieth century. New Mexico centers around the Pecos River, which originates in north-central New Mexico—near Santa Fe—and flows into Texas, emptying into the Rio Grande. Texas contested.
One of the major groups advocating for books bans, Moms for Liberty, has been designated a far-right extremist anti-government group by the Southern Poverty Law Center, a national civil rights organization. The ALA said that the surge in censorship demands came from groups and individuals that targeted multiple books at the same time.
Peruvian law students from the Facultad de Derecho y Ciencias Políticas , Universidad Nacional de San Antonio Abad del Cusco are reporting for JURIST on law-related events in and affecting Perú. Mégara Sophia La Torre Pino is a law student from UNSAAC and a member of CIED. She files this dispatch from Cusco.
Since the Supreme Court struck down New York’s longstanding gun law, lower courts have ruled heavily against restricting guns, reports Jacob Gershman in the Wall Street Journal. . The June 23 ruling in N ew York State Rifle and Pistol Association v. Circuit Court of Appeals.
Boasberg denied the ACLUs request for an immediate ruling mandating that the government give 30 days notice before removing individuals under the AEA, reasoning that such an order would mirror a previous one invalidated by the Supreme Court. However, the court declined to grant the TRO or set a hearing date.
.’s use of an in-house judge violates defendants’ rights; The ruling by an appeals court covering Texas, Louisiana and Mississippi applies only in that territory, but it’s the latest challenge to the way the agency handles enforcement actions”: Matthew Goldstein of The New York Times has this report.
The US Supreme Court declined Monday to take up an appeal by a group of oil companies challenging a California state courtruling permitting two California cities to sue for damages related to climate change, meaning the case will be heard in state court.
“Supreme CourtRules on Stolen Art, Signs and Puerto Rico’s Status; The justices addressed federal benefits in Puerto Rico, an effort to reclaim an Impressionist masterpiece and whether the First Amendment allows some billboard regulations”: Adam Liptak will have this article in Friday’s edition of The New York Times.
US federal judge Robert Pratt temporarily blocked the state of Iowa on Monday from enforcing a state law that prohibits public schools from requiring masks. Earlier this month, the ACLU of Iowa and several parents filed suit in federal court to challenge Iowa’s public school mask ban.
“Supreme Court Upholds Law Disarming Domestic Abusers; The decision amounted to a retreat from what had been an unbroken series of major decisions expanding gun rights that started in 2008”: Adam Liptak of The New York Times has this report. ” David G. ” David G.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Four years ago, the Supreme Courtruled in Nieves v. This week, we highlight cert petitions that ask the court to consider, among other things, how closely aligned evidence must be to satisfy that exception.
Share The Supreme Court on Friday upheld a federal law that bars anyone subject to a domestic-violence restraining order from possessing a gun. By a vote of 8-1, the courtruled that the law does not violate the Constitution’s Second Amendment, which protects the “right of the people to keep and bear Arms.”
Reynolds Vapor Company and a group of retailers based in Texas and Mississippi, primarily fielded questions from just two justices, Justices Sonia Sotomayor and Ketanji Brown Jackson a promising sign for his clients. The question comes to the court as part of the FDAs efforts to regulate the multibillion-dollar vaping industry.
Marisa Wright is a US national staff correspondent for JURIST, and a 2L at Harvard Law School. . Supreme Court is set to hear arguments next Monday in a case that could have major implications for racial equality and college admissions. If the Courtrules as expected, it will have major cascading effects for racial equality.
The federal district courtruled in favor of the City of Austin and upheld the sign ordinance. Reagan appealed the case to the US Court of Appeals for the Fifth Circuit which reversed the lower court’s decision in October 2020. .”
And the Prevention of Cruelty to Animals (David Post, The Volokh Conspiracy) Appeals courtruling says alleged domestic abusers have a constitutional right to keep their guns (Roxanna Asgarian, The Texas Tribune) The post The morning read for Friday, Feb. 10 appeared first on SCOTUSblog.
Former state trooper Torres resigned from his job with the Texas Department of Safety when the department would not provide accommodations for a condition he developed from his military service. In 2018, a Texas state courtruled that the law was an unconstitutional abridgment of state’s sovereign immunity.
How many of the lawyers out there liked hypotheticals in law school? A new company is formed, Company B, a Texas LLC. And assume that the Western District of Texas is a very fast and favorable court for plaintiffs in patent infringement cases.) But that is not what the district court did.
Greg Abbott has ordered the Texas National Guard and the state police to begin apprehending migrants who illegally cross the border from Mexico and taking them back to ports of entry, reports the New York Times. Meanwhile, some Republican leaders say that the order does not go far enough.
For decades, legal scholars have recognized that fiduciary duties under corporate law may force private companies to address climate change. The different silos of fiduciary duty law are easily confused in judicial decisions and broader commentary. This imprecision can undercut promising lines of debate.
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