For 2306, think about judicial federalism.
- Texas Democrats ask U.S. Supreme Court to weigh in on voting by mail.
After a series of losses in state and federal courts, Texas Democrats are looking to the U.S. Supreme Court to expand voting by mail during the coronavirus pandemic.
The Texas Democratic Party asked the high court Tuesday to immediately lift the 5th U.S. Circuit Court of Appeals' block on a sweeping ruling that would allow all Texas voters who are seeking to avoid becoming infected at in-person polling places to instead vote by mail. Early voting for the July 14 primary runoff election begins June 29.
The fight to expand who can qualify for a ballot they can fill at home and mail in has been on a trajectory toward the Supreme Court since Texas Democrats, civil rights groups and individual voters first challenged the state's rules months ago when the new coronavirus reached Texas. Under existing law, mail-in ballots are available only if voters are 65 or older, cite a disability or illness, will be out of the county during the election period or are confined in jail.
- U.S. Supreme Court halts Texas execution of Ruben Gutierrez during legal fight over religious advisers' access to death chamber.
Last week, a federal district judge stayed, or stopped, Gutierrez's execution while she reviewed his latest appeal. In it, Gutierrez said the Texas Department of Criminal Justice's new policy banning religious advisers in the execution room with inmates violated his religious freedom. Last year, TDCJ changed its policy that allowed prison chaplains in the chamber after the Supreme Court stopped another execution after a claim of religious discrimination. That inmate was Buddhist and wanted an adviser of his faith, but TDCJ only has Christian and Muslim clerics on staff and said outside advisers could not enter the room for security reasons.
On Friday, the U.S. 5th Circuit Court of Appeals tossed the district judge's stay, saying Gutierrez was unlikely to succeed on the appeal. But the nation's high court again stopped the execution just before 5 p.m. Tuesday, and told the district judge to swiftly order a ruling in the appeal.
"The District Court should promptly determine, based on whatever evidence the parties provide, whether serious security problems would result if a prisoner facing execution is permitted to choose the spiritual adviser the prisoner wishes to have in his immediate presence during the execution," the Tuesday order said.
The order said the stay would be lifted if the federal judge rejects Gutierrez's appeal, but if that does not occur Tuesday, the execution would need to be reset at least 90 days in the future. One of Gutierrez's lawyers told The Texas Tribune he did not expect a ruling from the district court Tuesday night.
