Tag: U.S. Court of Appeals for the Fifth Circuit

Trump DOJ Urges Court to End Texas Voter ID Lawsuit

The Trump Department of Justice (DOJ) filed a pleading Wednesday saying the judge should take no more action in the voter ID lawsuit against Texas because the State’s new law “eradicates any discriminatory effect or intent” of the prior law. Moreover, the new law is “constitutionally and legally valid.”

U.S. Supreme Court To Hear Texas Illegal Alien Death Penalty Case

The U.S. Supreme Court has decided to hear another death row case from the Texas County that ranks number one in the nation for sending defendants to the death chamber. The Honduran national urges he should have been given resources to develop his claim of mental illness and drug addiction and prosecutors should not have considered his status as an illegal alien.

Family Argues Mexican National Killed by Border Patrol Had Constitutional Rights

A Mexican family whose son was killed by a U.S. Border Patrol agent told the U.S. Supreme Court on Tuesday that the agent violated their son’s constitutional rights by using unnecessary deadly force. A preliminary issue is whether the Constitution applies to someone who is not a citizen of the U.S. and was standing on Mexican soil at the time of the shooting.

Texas Voter ID ‘Fix’ Led to Improper Voting, Officials Say

The Texas voter ID “fix” instituted before the November presidential election, which allowed citizens without proper documentation to sign a sworn affidavit indicating why they could not procure one in time, now leaves local election officials considering whether “hundreds” of voters should be referred to prosecutors for abusing the safety net.

DOJ to Oversee ‘Discriminatory’ Texas Town’s Elections for 6 Years

Just before city candidates will begin to sign up for running for office, a federal judge has issued a judgment and injunction prohibiting the City of Pasadena from using what she ruled was an unconstitutional redistricting plan. The municipality will also be placed under federal “preclearance” for six years–requiring Justice Department approval to any changes to election rules.

Texas City’s Elections Under DOJ Oversight After Hispanic Discrimination Ruling

Pasadena, Texas, will be monitored by the Justice Department now that a federal judge has ruled that the City violated the Voting Rights Act by intentionally changing its city council districts to decrease Hispanic influence. The City, which the court ruled has a “long history of discrimination against minorities,” will have to get permission from the DOJ to make any changes in election policy going forward, otherwise known as pre-clearance.

Texas Defends Law Criminalizing Migrant Sheltering in Court

The Mexican American Legal Defense and Educational Fund (MALDEF) and the State of Texas are fighting it out at the Fifth Circuit. Texas House Bill 11 is being challenged by open border advocates who say that it improperly targets illegal alien shelters and those who rent to illegal aliens. Oral argument is being conducted Wednesday.

Obama Agrees to Halt Amnesty Lawsuit Until Trump DOJ in Place

A joint motion was filed Friday morning by the plaintiff states and the defendants, including the United States, in the executive amnesty litigation. The movants write, “the parties have met and conferred and have reached agreement on how to proceed in this case.” They want a stay until exactly one month after President-Elect Donald Trump is sworn in.

AP Photo

Texas Appeals Voter ID Ruling to Supreme Court

Texas Attorney General Ken Paxton has filed a petition for a writ of certiorari in the U.S. Supreme Court asking the nation’s highest court to fully reinstate the Lone Star State’s voter ID law. The petition will not affect the November 2016 Election.

Obama Judge: Texas Must Reprint Voter ID Training Materials

The Obama appointee presiding over the Texas voter photo ID lawsuit ordered the State to toss some of its voter education materials because federal lawyers did not like the exact language in printed. Although lawyers for the State gave the DOJ and liberal voting rights groups a copy of the proposed language on August 11, they waited until less than 60 days before the November election to complain. This was after financial and other resources had been expended by the State.

AP Photo/Toby Talbot, File

Federal Court Blocks Obama Transgender Directive Nationwide

FORT WORTH, Tex.—A federal judge on Monday ruled in favor of 13 states against President Barack Obama’s directive that public schools must allow students and adults to enter whatever bathrooms or showers they choose, a policy imposing transgenderism on the nation’s schools.

Ken Paxton Texas Attorney General

Texas Attorney General Wins Another 90 Days at SCOTUS for Voter-ID Law

WASHINGTON—On April 29, the Supreme Court issued an unusual order denying the relief requested by challengers to Texas’s voter-ID law, but also sending a signal to the appeals court currently examining the law, informing the lower court that it only has until July 20 to make a final decision, so that the Supreme Court would have time to act if necessary before the 2016 election.

Jeff Mateer, 1st Assistant, Texas Attorney General

Jeff Mateer Appointed First Assistant for Texas Attorney General

Texas Attorney General Ken Paxton announced the appointment of a new first assistant in what appears to be an office shake-up. Paxton appointed Jeff Mateer to be the new first assistant. He replaces former First Assistant Chip Roy who served in that capacity since the beginning of Paxton’s administration.

Planned Parenthood Suing Texas in Fight for Medicaid Funding

Planned Parenthood is suing the State of Texas in a fight to continue to receive Medicaid dollars. Officials for the state stopped the abortion provider from receiving these funds after numerous undercover videos showed Planned Parenthood officials discussing the sale of baby parts and tissue. The state’s halt of dollars includes millions in federal dollars it distributes, as well as hundreds of thousands of state dollars.

Obama and the DOJ Appeal Halt of His Executive Amnesty Program

President Obama and the Department of Justice filed a petition on Friday asking the United States Supreme Court to overturn the decision by the U.S. Court of Appeals for the Fifth Circuit putting a halt to the administration’s executive amnesty program. The administration has asked for an expedited appellate review.

Sotomayor Chastises SCOTUS for ‘Shoot First, Think Later’ Ruling in Texas Police Case

The Supreme Court of the United States issued a per curium decision today reversing a 2014 U.S. Court of Appeals for the Fifth Circuit opinion holding that a Texas Department of Public Safety (DPS) trooper was not entitled to be granted qualified immunity. The officer had used deadly force to stop a driver in a high-speed car chase. Justice Sotomayor chastised the court for allowing a “shoot first, think later approach to policing.”

Abbott Signals Texas Supreme Court Justice Willett for Top Pick

During the Republican presidential debates on Wednesday evening, Texas Governor Greg Abbott tweeted that he would recommend to the winning candidate that they appoint Texas Supreme Court Justice Don R. Willett to the U.S. Supreme Court. The topic of what kind of judges the candidates would appoint to serve on the nation’s highest court was a question posed to the candidates during the debates.

Pro-Obama Executive Amnesty Activists Rally at Fifth Circuit as Court Hears Arguments

Proponents of Obama’s executive amnesty traveled to New Orleans and were in full-force on courthouse steps this morning. Oral arguments were held at the U.S. Court of Appeals for the Fifth Circuit on whether the Court will reverse the district court’s injunction on executive amnesty. Pro-DACA and DAPA activists have been aggressive in protesting what they see as a right to these benefits.