Free Speech, Due Process and Trial by Jury
The justices fired off questions about olive oil, wine, banana bread and podiums in trying to suss out where the line should be drawn on what constitutes a product “made of tobacco or a tobacco substitute.” The decision on whether nicotine pouches can be taxed as a tobacco product could have wide implications as the popularity of the products continues to grow.
The U.S. Justice Department has asked the U.S. Court of Appeals for the D.C. Circuit to issue a stay of all proceedings involving the litigation between the Trump administration and four law firms, including Susman Godfrey, until the government shutdown is over.
The U.S. Supreme Court heard its first oral argument of the new term Monday with a case from Texas. The question presented was whether a trial court violated a defendant’s Sixth Amendment right to counsel by prohibiting discussions during an overnight recess.
The case turned on whether Texas or Mexico law applied to the issue of res judicata, which precludes parties from relitigating disputes once there’s been a final judgment on the merits. The Eighth Court of Appeals, in a 2-1 opinion, determined the trial court gets to decide which law applies and it was not incorrect in determining the litigation of a related suit in Juarez, Mexico, barred this one in El Paso under Texas law.
After more than a dozen years on the Texas Supreme Court, Justice Jeff Boyd is leaving his spacious office and balcony where the justices decompressed after sometimes-heated case conferences. The author of 72 majority opinions and 62 dissents is considering how he can educate the public about the need for judicial independence in an era of extreme political polarization. He reflected on his role as the court’s chief dissenter in a recent interview with The Texas Lawbook.
Former Texas Supreme Court Justice Eva Guzman joined the Houston law firm of Wright Close & Barger in 2022 as a partner. Now, the firm is adding her name to the shingle.
Longtime appellate practitioner joins Hunton Andrews Kurth’s Austin office to lead the firm’s state appellate practice. Ryan Clinton brings experience from the Texas Attorney General’s Office and private practice.
The Texas Supreme Court heard arguments in 63 cases and issued decisions in 62 of those cases during the past term. Those cases ranged from the typical cases the state's highest court hears each year — petitions for review arising from the state courts of appeals, a handful of certified questions from the U.S. Court of Appeals for the Fifth Circuit and a few mandamus petitions — to a few cases in less common procedural postures, like an appeal from the Board of Disciplinary Appeals and a direct appeal from a trial court. One of the first questions clients often ask when seeking to reverse or defend a decision at the Texas Supreme Court is, “What are my odds?”
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