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TEXAS SUPREME COURT

Texas Supreme Court dismisses Harlingen map lawsuit

HARLINGEN — The Texas Supreme Court has dismissed a lawsuit charging the city’s new single-member district boundaries unconstitutionally moved thousands of District 2 registered voters into District 3, denying their right to vote for commissioner in the May election. “Obviously, we are disappointed with the Supreme Court’s decision and do not agree with it,” Uhlhorn, Meade and their wives stated. “We suspect the court felt there was just too little time to decide such an important voting rights issue. “The justices of the Texas Supreme Court decided this morning that they will not get involved in the dispute regarding district boundaries for Harlingen city commissioners including the May 7 election of commissioners for Districts 1 and 2,” they stated. “Because of those differences, we were hopeful that the justices on the Supreme Court would be willing to intervene and protect our constitutional right to vote,” they argued.

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Lawsuit seeks to void Harlingen’s new district map

On Wednesday, Puente stood by the city’s new single-member district boundary lines, arguing the courts have ruled such plans constitutional. In their statement, they accuse Uribe, Puente and Perez of redrawing the city’s district map’s boundaries to expand their voter base. It happens every 10 years all over the country after a Census is conducted.”Meanwhile, Mayor Chris Boswell said he supports arguments made by Uhlhorn, Meade and their wives. “As I understand it, the relief being sought is to restore the right of disenfranchised voters in the district,” he said. “Of course, I support that position.”In their lawsuit, Uhlhorn, Meade and their wives argue Uribe, Puente and Perez denied them their right vote based on the City Charter and the city’s redistricting plan.

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Texas Supreme Court refuses to resume Planned Parenthood suit challenging abortion law

By Reese Oxner, The Texas TribuneThe Texas Supreme Court denied a request Monday from Planned Parenthood to resume its lawsuit, filed in a state district court, that challenges the state’s near-total abortion ban. The panel of five judges stopped the cases from continuing at the request of Texas Right to Life, a prominent anti-abortion organization that helped draft Texas’ abortion restrictions. The suit filed by Planned Parenthood asked the court to declare the abortion law, which bans the procedure as early as six weeks into a pregnancy, unconstitutional. In that case, the court temporarily blocked Texas Right to Life from being able to sue Planned Parenthood for potential violations of the abortion law. Texas Right to Life applauded the Texas Supreme Court’s decision.

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Texas Supreme Court: GOP can have Dems absent from state Capitol arrested

The Texas Supreme Court ruled Tuesday evening the state's House Democrats can be arrested if they don't attend the state Capitol due to their efforts to stop a Republican push to pass voting restrictions.Why it matters: While the court has already blocked lower court orders in Travis and Harris counties protecting the Democrats, this ruling stipulates that under the state Constitution House leaders can compel members to attend the chamber to conduct legislative business. Consequently, those who

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Seven Valley school districts continue to challenge governor over face coverings policy

Although thousands of Rio Grande Valley students returned to class with school-mandated masks in place Monday, it’s doubtful the struggle between Gov. Seven Valley school districts — La Joya, Hidalgo, Edinburg, Brownsville, Edcouch-Elsa, Pharr-San Juan-Alamo and Lasara — sued the governor last week and announced plans to require students, staff and visitor wear masks at the beginning of the fall semester. On the other hand, a Texas Supreme Court decision over the weekend temporarily abolished mask mandates in Dallas and Bexar counties. “The school districts respectfully request the Court deny the State’s presumptuous and premature request,” a document filed by the district’s attorney Monday reads. Also Tuesday, the McAllen school district outlined its compliance with last week’s county health order mandating masks in schools.

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Texas court rules retailer can't be sued over mass shooting

Survivors and families of victims of a 2017 mass shooting in a Texas church can't sue the gun retailer that sold the weapon used in the attack, the state's supreme court has ruled.The big picture: Plaintiffs alleged in four lawsuits against Academy Sports and Outdoors that the San Antonio-area store negligently sold the gun to Devin Kelley in 2016, who went on to kill 26 people at the First Baptist Church in Sutherland Springs before killing himself.Stay on top of the latest market trends and ec

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Texas courts cleared for in-person trials, and local officials will decide whether to require face masks

Texas courthouses no longer need a state safety review before conducting in-person hearings, including jury trials. AdIn the year of the pandemic, much of the state court system has been put on pause, creating a backlog of cases that will likely take years to overcome. In 2019, there was an average of 186 civil and criminal jury trials per week, according to the Texas Office of Court Administration. From March 2020 through this January, there were 222 jury trials total. But Texas Criminal Defense Lawyers Association President Grant Scheiner asked judges to remain vigilant in hopes of preventing another surge of coronavirus infections.

Despite committee’s recommendation, ending Texas’ partisan judicial elections looks unlikely

The Texas Supreme Court on Jan. 15, 2020. Credit: Miguel Gutierrez Jr./The Texas TribuneTexas looks unlikely to change its controversial partisan election system for judges — even after a commission studying the issue recommended ending the practice. And in Republican primaries, judicial candidates with Hispanic-sounding surnames have often fared poorly, owing, experts say, to a largely white electorate. Those who favor partisan judicial elections have pointed out that they may work better in rural counties, where voters are electing fewer judges and it’s easier to learn their qualifications. Aside from the bias of partisanship, one of the chief concerns about the state’s partisan judicial selection system is the influence — perceived or actual — of donors who bankroll judges’ campaigns. Huffman, a powerful figure in the Texas Senate, said earlier this month she had already begun drafting a constitutional amendment that would increase judicial qualifications.

Texas extends rental assistance program designed to avoid evictions until March 15

The Texas Supreme Court has extended its emergency eviction relief program for tenants behind on rent through at least March 15, lengthening the program’s expiration date by a month and a half. The move comes after Congress passed a stimulus bill Monday extending the federal moratorium on evictions through the end of January. The state created the Texas Eviction Diversion Program earlier this fall with the help of $171 million in CARES Act funding, the vast majority designated for rental assistance. But some housing advocates said the extension doesn’t go far enough to address the large number of struggling renters, even as the federal government extended its eviction moratorium. "There could be tens of thousands of evictions on the horizon in Texas later this winter,” said Michael Depland, spokesperson for the advocacy group, Texas Housers.

Texas Supreme Court rules Alfred Dewayne Brown be compensated for his wrongful imprisonment

The Texas Supreme Court on Jan. 15, 2020. Credit: Miguel Gutierrez Jr./The Texas TribuneSign up for The Brief, our daily newsletter that keeps readers up to speed on the most essential Texas news. More than five years after he was freed from Texas’ death row and nearly two years after prosecutors declared him innocent, the Texas Supreme Court ordered Friday that Alfred Dewayne Brown finally be compensated for his wrongful imprisonment. In 2015, the Texas Court of Criminal Appeals tossed out Brown’s conviction and death sentence in the 2003 murder of a Houston police officer. But the Texas Comptroller, after receiving advice from the Texas Attorney General, denied Brown’s claim for the money. But Brown’s attorneys argued to the Texas Supreme Court, and the justices agreed, that the comptroller exceeded his authority by making such judicial determinations.

Thomas Reavley, oldest active federal judge, dies in Houston at 99

HOUSTON – Thomas M. Reavley, the oldest active federal judge who served for 41 years on the 5th U.S. Reavley died on Tuesday in Houston, the Texas Supreme Court announced. He had served nine years on the Texas Supreme Court, the state’s top civil court, before being appointed to the appeals court by President Jimmy Carter in 1979. “He was a towering figure in Texas and a true champion of justice for the state and the country,” said Texas Supreme Court Chief Justice Nathan L. Hecht. He married King in 2004 and the couple had said that before Florence Reavley died, she told them to get remarried.

Judge rejects GOP effort to throw out 127,000 Houston votes

(AP Photo/David J. Phillip)HOUSTON – A federal judge on Monday rejected another last-ditch Republican effort to invalidate nearly 127,000 votes in Houston because the ballots were cast at drive-thru polling centers established during the pandemic. Another 20,000 or more voters had been expected to use drive-thru polling locations Tuesday, Hollins said earlier Monday. “I cannot in good faith encourage voters to cast their votes in tents if that puts their votes at risk,” he said. Harris County offered 10 drive-thru locations as an option for its nearly 5 million residents amid worries of spreading the coronavirus. More than 40% of Harris County residents are Latino, and about one in five residents are Black.

Drive-thru voting locations to be limited to Toyota Center only in Harris County on Election Day

HOUSTON – A federal judge issued an order to uphold Harris County drive-thru voting but stated that the tents being used to house most drive-thru voting centers will not qualify as “buildings,” which are required for Election Day polling locations. Instead of 10 drive-thru locations, the Toyota Center will be the only drive-thru voting center available in Harris County on Election Day because of the new order. In order to allow for drive-thru voting on Election Day while ensuring that all votes will be counted, the only drive-thru voting center on Election Day will be at Toyota Center. Woodfill said he would immediately appeal the decision, accusing Harris County officials of using their office to help Democrats win Tuesday. Harris County had originally offered 10 drive-thru locations as an option for its nearly 5 million residents amid worries of spreading the coronavirus.

Texas Supreme Court rejects Republican-led effort to throw out nearly 127,000 Harris County votes

A rejection of the votes would constitute a monumental disenfranchisement of voters — drive-thru ballots account for about 10% of all in-person ballots cast during early voting in Harris County. The clerk’s filing with the Supreme Court in the earlier lawsuit also said the Texas secretary of state’s office had approved of drive-thru voting. Since the first Republican challenge to drive-thru voting was filed on Oct. 12, the Texas secretary of state and Gov. Greg Abbott had both ignored requests from reporters and Harris County officials to clarify their positions on whether the process was legal. The county clerk’s office countered that the first challenge to drive-thru voting had already been denied, and the second filing came much too late.

Texas Supreme Court rejects Republican-led effort to throw out nearly 127,000 Harris County votes

A rejection of the votes would constitute a monumental disenfranchisement of voters — drive-thru ballots account for about 10% of all in-person ballots cast during early voting in Harris County. The clerk’s filing with the Supreme Court in the earlier lawsuit also said the Texas secretary of state’s office had approved of drive-thru voting. Since the first Republican challenge to drive-thru voting was filed on Oct. 12, the Texas secretary of state and Gov. Greg Abbott had both ignored requests from reporters and Harris County officials to clarify their positions on whether the process was legal. The county clerk's office countered that the first challenge to drive-thru voting had already been denied, and the second filing came much too late.

Pointing to pandemic and election controversies, Democrats make their case for Texas Supreme Court

It’s notoriously difficult for judicial candidates, even those running for the state’s high courts, to capture voters’ attention. Voters have the chance to choose four justices on the nine-member Texas Supreme Court, the state’s highest court for civil matters, and three judges on its sister body, the Texas Court of Criminal Appeals. This year, though, the Texas Supreme Court has found itself in the spotlight far more than usual with major coronavirus-related decisions and an unusually long list of election-related cases. “Once again, the all-Republican Texas Supreme Court steps into this election against the interests of voters and a functioning democracy,” Texas Democratic Party Chair Gilberto Hinojosa said after the Harris County decision. The nation’s high court again overturned the Texas court’s decision, and Moore has since been resentenced to life in prison and released on parole.

Texas Supreme Court allows drive-thru voting in Harris County to proceed

HOUSTON – The Texas Supreme Court ruled Thursday that drive-thru voting can proceed in Harris County. The court denied a request by Republicans for an emergency motion aimed at stopping people from casting their ballots from their vehicles. Harris County Clerk Chris Hollins said in a statement posted on Twitter that he is happy with the result and he hopes this means that drive-thru voting will be available to Harris County voters in the future. The Court's decision to uphold the legality of Drive-Thru Voting as a safe and convenient way to vote underscores that this November, democracy is on the ballot. " (1/4) — Harris County Clerk (@HarrisVotes) October 22, 2020This developing story will be updated.

Voters in Harris County may continue using drive-thru voting, Texas Supreme Court rules

By Wednesday, more than 73,000 people in Harris County had voted at drive-thru polling places, according to the clerk’s early voting totals. They claimed drive-thru voting is an expansion of curbside voting, and therefore should only be available for disabled voters. Such applications are required for mail-in ballots, but voting rights advocates and the Harris County Clerk said they have never been a part of curbside voting. The clerk’s filing to the Supreme Court also said the Texas secretary of state’s Office had approved of drive-thru voting. The state Republican Party quickly moved to the Supreme Court, and a sister suit was filed by a litigious Houston conservative and the Harris County Republican Party.

Texas Supreme Court: Harris County cannot send mail ballot applications to all registered voters

HOUSTON – The Texas Supreme Court on Wednesday reversed earlier decisions supporting Harris County’s plan to mail unsolicited mail-in ballot applications to all registered voters, most of whom do not qualify to vote by mail. On Aug. 25, Harris County Clerk Chris Hollins tweeted his plan to mail an application for a mail-in ballot to each of the county’s more than 2 million registered voters. Two days later, the Texas Secretary of State threatened to sue Harris County if it did not “immediately halt” its plan. His office released a statement titled “Texas Supreme Court Rules in Favor of Voter Suppression" condemning the decision. Jones said whether or not Texas should allow anyone to vote by mail is a valid, but separate question.

Texas high court blocks Houston plan to offer mail ballots

AUSTIN, Texas – The Texas Supreme Court ruled Wednesday that 2 million Houston voters cannot receive unsolicited mail ballot applications from local elections officials who are dramatically expanding ways to vote in November in the nation's third-largest county, a key battleground in Texas. Texas is one of just five states not allowing widespread mail-in voting this year. Mail voting in Texas is generally limited to voters who are 65 years old or older, or who have a disability. “Once again, the all-Republican Texas Supreme Court steps into this election against the interests of voters and a functioning democracy,” said Gilberto Hinojosa, chairman of the Texas Democratic Party. Houston is a stronghold for Democrats, but the surrounding county still includes GOP-held seats that are helping keep Republicans in power in Texas.

Early voting can start Oct. 13, as scheduled, Texas Supreme Court rules

Early voting in Texas can begin Oct. 13, following the timeline the governor laid out months ago, the Texas Supreme Court ruled Wednesday, rejecting a request from several top Texas Republicans to limit the timeframe for voters to cast their ballots. Greg Abbott ordered that early voting for the general election in Texas begin nearly a week earlier than usual, a response to the coronavirus pandemic. Abbott added six days to the early voting period through an executive order, an exercise of the emergency powers he has leaned into during the virus crisis. Abbott’s order to extend the early voting period has been the main way the state adjusted voting procedures during the pandemic. Abbott had also doubled the early voting period for lower-turnout primary runoff elections held in July.

Harris County can’t send mail-in ballots to all registered voters, Texas Supreme Court rules

The Republican justices sent the case back to a lower court in Harris County to issue an injunction blocking Hollins from sending the mailers. Turnout in Harris County, both major parties acknowledge, will have major impacts on races at the top of the ticket and the bottom of the ballot. In 2018, 17% of the Democratic votes for Beto O’Rourke were cast in Harris County. Applications for mail-in ballots have already gone out to voters in Harris County who are 65 or older. Harris County voters could start dropping off completed absentee ballots in person starting Sept. 28.

Ask 2: When are the eviction protections scheduled to end?

As part of our Ask 2 series, the newsroom will answer your questions about all things Houston. Question: When are the eviction protections scheduled to end? Answer: The CDC’s agency order to temporarily halt residential evictions for failure to pay rent or late fees expires December 31, 2020. This nationwide eviction moratorium orders landlords and those with a legal right to pursue eviction to not do so in order to prevent the further spread of COVID-19. Moreover, the Texas Supreme Court recently issued an emergency order which states eviction citations must include CDC eviction moratorium information in addition to a copy of the required declaration form.

Texas courts must start telling tenants how a federal eviction moratorium can keep them housed

The Texas Supreme Court signed an order clarifying the federal eviction moratorium. Texans facing an eviction must be informed in court citations about how they can remain housed under a national eviction moratorium, the Texas Supreme Court ordered Thursday. Under the declaration, tenants also agree that they will pay rent eventually, as well as fees and penalties according to their leases or agreements with the landlord. On Sept. 9, the Texas Justice Court Training Center provided guidance for justices of peace, but advocates said that tenants still had trouble benefiting from the moratorium. “With this order of the Supreme Court, it makes it very clear that the court must abate these situations.”The Texas Supreme Court order also allows landlords to contest the declaration of the tenant.

Texans with disabilities are eligible for mail-in voting, but people must decide for themselves if they qualify

The Texas Supreme Court has ruled that a lack of immunity to the coronavirus is not in itself enough to qualify. During a typical year, Texas is one of only 16 states that doesn’t offer no-excuse mail-in voting, which allows voters to request ballots for any reason. Local election officials, who oversee the distribution of mail-in ballots, do not have the authority to verify a voter’s disability status. But election experts say it’s unclear whether the Texas attorney general’s office would try to pursue the issue. Disability rights activists say they’re worried the confusion may deter at-risk Texans from voting, or cause them to needlessly put their health at risk to show up in person at the polls despite being eligible for mail-in voting.

Texas Supreme Court again blocks Harris County from sending mail-in ballot applications to all voters

The Texas Supreme Court granted the Texas attorney general’s request to halt the county’s effort just before a separate order blocking the mailing was set to end. Credit: Miguel Gutierrez Jr./The Texas TribuneThe Texas Supreme Court has once again blocked Harris County from sending mail-in ballot applications to all its 2.4 million registered voters ahead of the November election. The all-Republican court told Harris County to hold off on sending any unsolicited applications for mail-in ballots “until further order” and while the case makes its way through the appeals process. Paxton kicked the request up to the Supreme Court after the appeals court declined his request to block the lower court's ruling and instead set an expedited schedule to consider the appeal. The order in the Harris County case was the second issued by the Supreme Court on Tuesday that affects mail-in voting procedures.

Texas Supreme Court rules 3 Green Party candidates should be added back to November ballot

T-shirts for sale at the Green Party convention in Houston in 2016. Credit: Michael Stravato for The Texas TribuneThe Texas Supreme Court has ordered three Green Party candidates to be restored to the November ballot after Democrats successfully sued to remove them. The Texas Green Party appealed the decision to the state Supreme Court, which ruled Tuesday that the secretary of state “shall immediately take all necessary actions to ensure these candidates appear on the” November ballot. The Supreme Court did not give its rationale, but said a full opinion was forthcoming. In rejecting the GOP effort earlier this month, the Supreme Court said the party waited too long to raise the issue. The state’s most populous county, Harris County, wrote to the Supreme Court on Monday saying that “it is too late to make changes,” even if the court acted that day.