Invoking the seldom-cited Eleventh Amendment, the U.S. Third Circuit ruled that a law allowing the use of federal powers of eminent domain could not be used against property owned by state governments. The ruling will likely disrupt a number of natural gas pipeline projects aimed at bolstering the nation’s energy infrastructure. Tony Mauro explains the stakes.
Fifth Circuit Blasts Federal Judge Lynn Hughes for Bias — Again
Federal appellate courts almost never remove an Article III judge from a case, but the U.S. Court of Appeals for the Fifth Circuit did so Friday for the third time in three years to U.S. District Judge Lynn Hughes of Houston. As a result, a professor’s employment discriminatiuon case against Sam Houston State University gets new life.
UT Law’s Steve Vladeck: Blocked by Ken Paxton’s Twitter feed, but Broadcast Nationwide
He’s been blocked from Ken Paxton’s Twitter feed and gained a “9” from Roomrater for the memorabilia-laden background he displays for his Zoom interviews on CNN. But UT Professor Stephen Vladeck is gaining notice, both as a scholar and as a high-profile commentator on the rule and the role of law. The Lawbook’s Tony Mauro has a profile.
TX Chief Justice on Partisan Elections: ‘It just looks horrible’
Texas’ system of selecting judges by partisan elections and campaign fundraising is fraught with problems and ought to be changed. That is the opinion of the current and past chief justices of Texas, as well as the findings of a statewide blue-ribbon commission. What are the chances that Texas sees substantive judicial elections reforms? The two chiefs and two prominent trial lawyers – David Beck and Chip Babcock – have the answer.
Texas Appellate Power Couple Judge Jim and Allyson Ho: How They Met Rests with Textualism
Judge Jim Ho is the first Asian American and only immigrant on the Fifth Circuit Court of Appeals. As a child, he learned English from Sesame Street and as a judge he has received threatening racist letters. He’s a hardcore conservative who has joined liberals on the appellate court multiple times, including a recent decision that has energy executives outraged. His wife, Allyson Ho has argued multiple cases at the U.S. Supreme Court, played the harp for the justices when she clerked for Justice O’Connor and helped Justice Amy Barrett through the confirmation process. Despite young twins at home and a hurricane that destroyed their house, Theodore Boutrous Jr. says they are “the ultimate legal power couple” getting things done.
April Farris Joins First Court of Appeals
April Farris, a former Yetter Coleman appellate partner and state Assistant Solicitor General, is settling into her first workweek as a justice on Houston’s Court of Appeals. Farris says she’s delighted to return to public service and carry out the oath she took on New Year’s Day.
Dewayne Brown’s Lawyers on SCOTX Decision: ‘We’ve Set a Precedent’ — Updated
Alfred Dewayne Brown’s lawyers said a decision released Friday by the Supreme Court of Texas will allow future innocent Texans who have been wrongfully convicted of crimes to have “a much easier time getting compensated from the state.”
“We got justice for one man but in the process we’ve set a precedent that’s going to help bring justice to a lot of women and men in the future who might otherwise not be able to get it,” said Susman Godfrey partner Neal Manne, one of Brown’s lawyers.