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28 Jun 2016, 9:01 pm
Justice Alito pointed to the Texas law’s emphatic severability clause, which states that every clause, word, and application of the statute should be treated as severable from any part or application found invalid. [read post]
28 Jun 2016, 8:46 am
Wade, the record at trial was flimsy on the nature and effects of abortion because the primary issue before the court was not the substantive question of the Texas statute’s constitutionality but whether doctors who were charged under state abortion law could take their cases to federal court. [read post]
28 Jun 2016, 5:55 am
Texas state Rep. [read post]
27 Jun 2016, 6:00 pm
“The statement [by the Fifth Circuit and advanced by the state of Texas] that legislatures, and not courts, must resolve questions of medical uncertainty is also inconsistent with this Court’s case law,” wrote Breyer. [read post]
27 Jun 2016, 2:15 pm
“We reject Texas’ invitation to pave the way for legislatures to immunize their statutes from facial review. [read post]
27 Jun 2016, 2:12 pm
Yet the opinion does not in any way seek to uncover evidence of an illicit subjective motive on the part of the Texas legislature. [read post]
27 Jun 2016, 1:52 pm
But the Fifth Circuit’s hyper-deferential rational basis review is inconsistent with the Court’s decision in Carhart, and eliminates the crucial distinction between the state’s interests in protecting potential life and its interest in women’s health, thereby permitting Texas to violate the limitations Casey imposes on the means by which the state may protect unborn life.In the Supreme Court’s opinion in Gonzales v. [read post]
27 Jun 2016, 12:07 pm
At one time before H.B. 2 was passed, Texas had some forty clinics providing abortions throughout the state. [read post]
27 Jun 2016, 11:58 am
In 2013, the Texas Legislature enacted House Bill 2 (H.B. 2), which required physicians performing an abortion to have active admitting privileges at a nearby hospital, and required abortion facilities to meet minimum standards applicable to ambulatory surgical centers under Texas law. [read post]
27 Jun 2016, 11:34 am
Second, legislative findings still make a difference (the Court notes that the Texas legislature did not set any out), but they may not be enough on their own. [read post]
Symposium: Supreme Court disavows precedent, refusing to protect women from abortion industry abuses
27 Jun 2016, 11:08 am
Currently, twenty-nine states regulate (to widely varying degrees) abortion facilities, and six of these states (including Texas) require abortion clinics to meet the same comprehensive and rigorous health-and-safety standards as facilities performing other outpatient surgeries. [read post]
27 Jun 2016, 10:57 am
By comparison, Texas failed to demonstrate that that state's regulations on abortion clinics served any public purpose. [read post]
25 Jun 2016, 8:09 am
State, decided by the Texas Court of Criminal Appeals on June 8, 2016. [read post]
24 Jun 2016, 12:55 pm
In 2007, the Court of Appeals in In Re Guerra set forth the legal process involved: “According to the Texas Constitution, ‘The Legislature shall provide by law for the trial and removal from office of all officers of this State, the modes for which have not been provided in this Constitution. [read post]
24 Jun 2016, 9:18 am
Texas policy. [read post]
24 Jun 2016, 7:12 am
Texas, may today be finding some solace in Mathis v. [read post]
23 Jun 2016, 3:45 pm
This morning the Court issued a per curiam opinion in United States v. [read post]
23 Jun 2016, 10:21 am
The H-2A visa program’s requirement that an employer show preference for U.S. workers over workers whose eligibility for employment is based on a H-2A visa is based on the eligibility of the employer to work in the United States under United States immigration laws. [read post]
23 Jun 2016, 3:45 am
" She'll be taking a deep dive into individual police shooting cases around the state. [read post]
22 Jun 2016, 3:57 am
This news could bump the Pack Unit up on the list of the most likely next TDCJ units the Legislature may consider closing. [read post]
