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School Finance Lawsuits - 2011/2012

Sep 24

posted by Admin in Court cases

Since October 2011, six lawsuits have been filed against the State of Texas regarding the system of school finance in Texas. The cases have been consolidated and are scheduled to go to trial in the Travis County District Court on October 22, 2012. Judge John K. Dietz will preside.
 
If you are following the school finance lawsuits, the following resources may be helpful.
Here are the six cases scheduled for Oct. 22 trial (as Cause No. D-1-GN-11-003130) :
  1. Texas Taxpayer & Student Fairness Coalition, et al. v. Robert Scott, Commissioner of Education, et al.; Plaintiffs' original petition and request for declaratory judgment, list of school districts (Cause No. D-1-GN-11-003130). (Filed October 10, 2011) [View ] [View Texas' answer]
  2. Texas School Coalition v. Robert Scott, Commissioner of Education, et al.; Plaintiff's original petition, list of school districts (Cause No. D-1-GV-11-001917). (Filed December 9, 2011) [ View ]
  3. MALDEF - Edgewood Independent School District, et al. v. Robert Scott, Commissioner of Education, et al.; Plaintiff's original petition, press release (Cause No. D-1-GV-11-001972). (Filed December 13, 2011) [ View ]
  4. Fort Bend Independent School District, et al. (63 school districts including Austin, Houston, Dallas, Ft. Worth) v. Robert Scott, Commissioner of Education, et al.; Plaintiff's original petition, press release, and list of school districts (Cause No. D-1-GV-11-002028). (Filed December 22, 2011) [ View ]
  5. (Petition to intervene ) Texans for Real Efficiency and Equity in Education  - Fort Bend Independent School District, et al. v. Robert Scott, Commissioner of Education, et al.; (Cause No. D-1-GV-11-002028). (Filed February 22, 2012) [ View ]
  6. Texas Charter School Association, et al., v. Robert Scott, Texas Education Agency Commissioner, et al.; Plaintiffs' original petition (Cause No. D-1-GN-12-001923, charter school limit unconstitutional) (Filed June 26, 2012)  [ View ]
 
The Texas Tribune offers a good infographic summarizing the legal arguments made in each of the six cases. They also offer a longer analysis of the cases.
To see a list of Texas school districts participating in the litigation as of May 9, 2012, please go here.  (Provided by the Red Apple Project)
 
 
 
 
 
 

This entry was posted on September 24, 2012 at 8:15 AM and has received 5120 views. Print this entry.

Texas "voter ID" timeline: key events and related documents

Jun 26

posted by Admin in Legislation, Court cases

As the July 9 trial date approaches for the Texas voter identification lawsuit, you may be interested in some of the key events and documents listed below.
 
January 20, 2011: Rick Perry submits voter identification as an emergency matter to the 82nd Texas Legislature.
 
May 18, 2011: The 82nd Texas Legislature, Regular Session (2011), passes S.B. 14, "Relating to requirements to vote, including presenting proof of identification..."
 
July 25, 2011: Texas submits S.B. 14 (82nd R.S.) for preclearance pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. § 1973c.
 
For a description of Section 5 preclearance, please see: http://www.justice.gov/crt/about/vot/redistricting.php
 
September 23, 2011: Letter from U.S. Department of Justice to Texas Secretary of State regarding submission of S.B. 14 - requesting additional information on Texas voter education program, training, and Spanish surname data.
 
October 4, 2011: Texas response to September 23, 2011 request for additional information.
 
November 16, 2011: Letter from U.S. Department of Justice to Texas Secretary of State regarding submission of S.B. 14 - requesting number of registered voters in Texas, by race and Spanish surname within county of residence, who currently possess a Texas driver's license or other form of photo identification…
 
January 12, 2012: Texas response to November 16, 2011 request for additional information.
 
 
 
Case information: State of Texas c/o Attorney General Greg Abbott v. Eric H. Holder, Jr., Attorney General of the United States (No. 1:12-cv-00128).
 
March 12, 2012: Department of Justice declines to approve Texas voter ID law (S.B. 14, 82nd R.S.).
 
 
March 22, 2012: Plaintiff's motion for protective order regarding legislative privilege. Includes:
  • Exhibit A, U.S. DOJ Letter requesting depositions of 12 Texas legislators;
  • Exhibit B, United States' first set of requests for production of documents;
  • Exhibit C, United States' first set of interrogatories;
  • Exhibit D, Proposed order granting motion for protective order.
March 23, 2012: Affidavit of Keith Ingram, Director of Elections, Texas Secretary of State.
 
March 29, 2012: Defendant’s response in opposition to plaintiff’s motion for a protective order.
 
April 2, 2012: Texas' reply on legislative privilege.
 
April 10, 2012: United States' statement in support of its request to depose and seek documents from state legislators and staff. 
 
April 20, 2012: Order denying Texas' motion for protective order.
 
April 23, 2012: U.S. Attorney General's motion for clarification about the scheduling order and to reset the trial date.
 
May 7, 2012: Court order regarding submission of key evidence.
 
July 9, 2012: U.S. District Court for the District of Columbia scheduled to hear live testimony for State of Texas c/o Attorney General Greg Abbott v. Eric H. Holder, Jr., Attorney General of the United States (No. 1:12-cv-00128).
 
For a complete list of court documents related to this case, please see: ElectionLaw @ Moritz-Texas v. Holder. You may also view their collection of media coverage on the Texas voter identification lawsuit.
 

This entry was posted on June 26, 2012 at 8:17 AM and has received 6671 views. Print this entry.

Planned Parenthood vs. Texas: Key court documents, laws, rules and legislation

May 9

posted by Admin in Legislation, Court cases

If you're following the Planned Parenthood vs. Texas case about the Women's Health Program, you may be interested in the key court documents, laws, rules and legislation listed below.

Key court documents

Planned Parenthood of Austin Family Planning, Inc., et al vs. Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission (1:12-CV-00322, Women's Health Program).

April 11, 2012: Original complaint (filed in the U.S. District Court for the Western District of Texas)

April 11, 2012: Plaintiffs' motion for preliminary injunction

April 30, 2012: Order granting preliminary injunction (Judge Lee Yeakel, U.S. District Judge in the U.S. District Court for the Western District of Texas)

April 30, 2012: State's motion to stay preliminary injunction (filed in the U.S. Court of Appeals for the 5th Circuit)

April 30, 2012: U.S. Court of Appeals for the 5th Circuit grants state's motion to stay preliminary injunction

May 1, 2012: Planned Parenthood files motion to lift stay of preliminary injunction

May 4, 2012: U.S. Court of Appeals for the 5th Circuit vacates  its April 30,2012 order granting stay of preliminary injunction. The case is being placed on the Court's oral argument calendar for the week of July 9, 2012.

*In an earlier, related case on March 16, 2012, Texas' attorney general sued the federal government to have federal funding restored to the Women's Health Program. See: State of Texas v. Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services; Original complaint (No. 6:12-cv-62)

Related legislation, laws and rules

SB 7, 82nd 1st Called Session (2011): Relating to the administration, quality, and efficiency of health care, health and human services, and health benefits programs in this state; creating an offense; providing penalties.

Laws and rules:

Texas Human Resources Code, Sec. 32.04 (c-1): Authority and scope of program; eligibility; demonstration project for women's health care services

Texas Administrative Code, Part 1, Women's Health Program §§ 354.1361-354.1364 (For background information, please see proposed rule text as adopted: Definition of 'affiliate,' Adopted rules, 1 TAC §§354.1361-354.1364) (Texas Register)

(Federal) 42 U.S.C. § 1396a, State plans for medical assistance, Subsection (a)(23), 'any individual eligible for medical assistance (including drugs) may obtain such assistance from any institution, agency, community pharmacy, or person, qualified to perform the service or services required,' Social Security Act § 1902(a)(23)

This entry was posted on May 9, 2012 at 8:00 AM and has received 2457 views. Print this entry.

Texas' "Sonogram" Law: Key Court Documents

Jan 12

posted by Admin in Court cases



The U.S. Court of Appeals for the 5th Circuit ruled Tuesday, January 10, 2012 that the provisions of Texas' "abortion sonogram law" (HB 15, 82nd R.S.) are constitutional and can be enforced. The ruling overturned an August 30, 2011 U.S. District Court ruling that blocked key provisions of the new law. Below you will find the legislation and key court documents associated with the case.HB 15, 82nd Regular Session: Relating to informed consent to an abortion.

June 13, 2011: Class action complaint:
Texas Medical Providers Performing Abortion Services, et al. v. David Lakey, Commissioner of Texas Department of State Health Services, et al.; Class action complaint (No. 1:11-cv-00486, abortion sonogram law, HB 15, 82nd Leg.).

June 30, 2011: Plaintiff's motion for injunction:
Texas Medical Providers Performing Abortion Services, et al. v. David Lakey, Commissioner of Texas Department of State Health Services, et al.; Plaintiff's motion for preliminary injunction (No. 1:11-cv-00486, abortion sonogram law, HB 15, 82nd Leg.).

August 30, 2011: Court ruling (Judge Sam Sparks, U.S. District Court):
Texas Medical Providers Performing Abortion Services, et al. v. David Lakey (Commissioner of Texas Department of State Health Services), et al.; Order and Notice of Appeal by Attorney General (No. 1:11-cv-00486, abortion sonogram law, HB 15, 82nd Leg.).

September 28, 2011: Appeal by Texas Attorney General filed in the U.S. Court of Appeals for the 5th Circuit and the Supreme Court of the United States:
David Lakey, Commissioner of Texas Department of State Health Services, et al. v. Texas Medical Providers Performing Abortion Services, et al.; Emergency application for stay of preliminary injunction pending appeal to the U.S. Court of Appeals for the Fifth Circuit, Appendices and lower court rulings including 5th Circuit Sept. 28, 2011 (No. 11A335, abortion sonogram law, HB 15, 82nd Leg.).


January 10, 2012: Court ruling (U.S. Court of Appeals for the 5th Circuit) (Revised January 17, 2012):
Texas Medical Providers Providing Abortion Services, et al. v. David Lakey, Commissioner of Texas Department of State Health Services and Mari Robinson, Executive Director, Texas Medical Board (No. 11-50814, abortion sonogram law, HB 15, 82nd Regular Session).  

January 13, 2012: Mandate order (U.S. Court of Appeals for the 5th Circuit):
Texas Medical Providers Providing Abortion Services, et al. v. David Lakey, Commissioner of Texas Department of State Health Services and Mari Robinson, Executive Director, Texas Medical Board; Appellants’ motion for immediate issuance of mandate or, in the alternative, for a stay of the district court’s preliminary injunction order pending issuance of the mandate, Court order granting (No. 11-50814, abortion sonogram law, HB 15, 82nd Regular Session)
 

This entry was posted on January 12, 2012 at 1:55 PM and has received 2828 views. Print this entry.

Texas Redistricting Cases

Dec 8

posted by Admin in Court cases

Three cases related to Texas redistricting are pending before the U.S. Supreme Court. The following article from SCOTUSBlog provides background and analysis: What's at stake in the Texas election cases? (12/04/11)

To track news about these cases, as well as other developments related to the 2011 Texas redistricting cycle, please visit:
Texas Redistricting Library (Texas Legislative Council)
Texas Redistricting (independent blog)

Below are documents related to the cases. Additional documents are available and may be linked from the TLC Redistricting Library or Texas Redistricting (mentioned above).

 
Court orders (U.S. District Court in San Antonio) and court-ordered maps for Texas House, Senate, and Congressional districts:
House districts (filed 11/23/11)
Senate districts (filed 11/23/11)
Congressional districts (filed 11/26/11)
Majority's new opinion, and Judge Smith's dissent (filed 12/02/11)

State's applications to the U.S. Supreme Court for stay of court-ordered plans:
House and Senate maps: Attorney General Abbott Seeks Emergency Stay, Asks U.S. Supreme Court to Overturn Interim Redistricting Maps (Press release and documents)
Congressional maps

Briefs on the stay request for the Texas House and Senate districts were due 12/2/11 and briefs on the stay request for Texas Congressional districts were due 12/5/11.

Update: U.S. Supreme Court grants applications for stay. (12/9/11)
 
 

This entry was posted on December 8, 2011 at 9:35 AM and has received 2110 views. Print this entry.