Free Speech, Due Process and Trial by Jury
The U.S. Supreme Court started its 2021 term Monday and its business docket so far is “ridiculously light.” But Texas will make its mark this term in a different area of the law: the First Amendment. Four pending cases arising from Texas will test issues of free speech and free exercise of religion. So here is a quick rundown of the Texas cases as well as the business cases of possible interest.
The State Bar of Texas on Thursday made public a broad range of rule changes to comply with a federal appeals court ruling in July that the bar association violated the First Amendment by imposing membership and dues on lawyers who object to certain bar activities.
From his house in the M Streets neighborhood of East Dallas, Carl Cecere has built an appellate practice that has become enviable from virtually any point of view. He can go where he wants, write what he cares about and sometimes tell the courts what he thinks they should do. His influential Twitter presence has attracted top-tier SCOTUS practitioners seeking his common sense advice and elegant briefing handiwork, and here he tells The Lawbook's Tony Mauro what he's expecting from the nation's highest court this term and its already ambitious caseload.
Energy companies that compensate employees by the day must still pay those people overtime because they are not exempt salaried workers under the strict wording of the Fair Labor Standards Act, the Fifth Circuit has ruled. The appeals court decision is a huge blow to energy companies who have relied for decades on the idea that they could escape paying OT to workers paid an extra high daily wage. Dissenting judges say the decision overturns decades of standard practices within the energy sector and will have a devastating impact on the oil and gas industry. The Texas Lawbook has the full details.
Former Texas Solicitor General Scott Keller and former U.S. Chamber of Commerce Chief Counsel Steve Lehotsky are building a specialty boutique that has one foot in Texas and one in Washington, D.C. And they are attracting a lot of attention from their former law clerks on the U.S. Supreme Court. Texas Lawbook correspondent Tony Mauro has the details.
Dallas-based appellate whiz Dan Geyser is on the move again, both literally and figuratively. Geyser announced Monday that he is going to chair Haynes Boone's U.S. Supreme Court practice from Denver. Lawbook SCOTUS correspondent Tony Mauro has the reasons and the details.
The controversy over McDonald v. Longley, the lawsuit that slammed the State Bar of Texas for using mandatory dues for political purposes, has subsided for the moment. But as lawyers for the organization strive to comply with guidelines set last month by the U.S. Fifth Circuit, the issue of mandatory bar dues may be heading for SCOTUS — but not necessarily from Texas. The Lawbook's Tony Mauro reports.
Dallas Appeals Court Justice David Schenck issued an opinion late Friday apparently accusing fellow justices of intentionally delaying the public reporting of a decision by a three-judge panel in order to change the composition of the panel and possibly impact the decision. But Fifth Court Chief Justice Robert Burns said Schenck is mistaken on the facts and the law. The Texas Lawbook has details.
Justice Guzman, who resigned from the Texas Supreme Court in June, is running to unseat Ken Paxton as Texas Attorney General. But on Wednesday she will be Chamberlain Hrdlicka's newest shareholder.
The U.S. Court of Appeals for the Fifth Circuit says the Houston-based restaurant chain’s insurance company is required to represent its client in litigation over an Internet breach that led to disclosure of millions of customers’ personal data.
After seven years, a legal fight over the disinterment of famed trial lawyer John O’Quinn’s body has been put to rest in Houston’s First Court of Appeals.
In 2015, Elena Kagan famously announced: "We're all textualists now." By any reasonable measure, the Texas Supreme Court is often vehemently so. But when it comes to the "plain meaning" of statutory text, even textualists sometimes find different interpretations of the same simple words. Brandon Duke examines one recent SCOTX case — decided by plurality — that reveals the complexity that can dwell behind even the simplest words.
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