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TEXAS SUPREME COURT

Business picking up at Hidalgo County Courthouse may serve as COVID barometer

Then, on March 14, 2020, a slew of events in Hidalgo County were canceled. Three days later, on March 17, 2020, the Hidalgo County Board of Judges suspended jury panels in the wake of the initial seven-day disaster declaration from Hidalgo County Judge Richard F. Cortez. But on that day, there was not yet a single confirmed case of COVID-19 in Hidalgo County though Tamaulipas health officials announced its first confirmed case. A little more than a month later, on April 24, 2020, two years ago today, just four people in Hidalgo County, 14 in Cameron County and one in Willacy County had died from the virus. As of Friday, 3,898 people have lost their lives to the virus and there are 128,001 confirmed cases, according to a Hidalgo County news release.

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Texas Supreme Court rules against providers in abortion ban case

The Texas Supreme Court on Friday ruled that state officials do not have the ability to enforce the state's six-week abortion ban, effectively ending providers' case challenging the law.Driving the news: Because the law was written so private citizens could enforce it, the court wrote, "Texas law does not grant the state-agency executives named as defendants in this case any authority to enforce the Act’s requirements, either directly or indirectly." Stay on top of the latest market trends and e

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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 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.