Sunday, September 3, 2023

Conflict between levels of government

Most of these are conflicts between the national government and Texas, but one is between cities in Texas and the state. Notice the role the court plays in most of these. That's how it tends to go.


- Drag shows are protected by 1st Amendment, performers tell federal judge.

Texas business owners, LGBTQ+ groups and a drag queen testified in front of U.S. District Judge David Hittner in a federal courtroom on Monday and Tuesday about the content of drag performances — some of which Texas leaders say is banned by Senate Bill 12. This testimony included a demonstration of how to twerk and a description of prosthetic breasts.

- Federal judge bars Texas from enforcing book rating law.

A federal judge said Thursday he will stop a new Texas law aimed at keeping sexually explicit materials off of school library shelves on the eve of the law going into effect, according to state attorneys and lawyers for a group who sued over the proposal.

District Judge Alan D. Albright indicated during a hearing that he will grant a temporary injunction sought by a group of book groups and sellers, including two Texas bookstores, who sued the state over House Bill 900 in July, the group’s lawyers said in a statement. Albright will issue a written order in one to two weeks; in the meantime, the state cannot enforce the law, according to the statement.


- U.S. Justice Department argues for removal of Texas’ floating border barrier in federal court.

Seeking immediate removal of a floating barrier that Texas deployed in the Rio Grande to deter migrants, the U.S. Justice Department told an Austin federal judge Tuesday that the barrier threatens U.S.-Mexico relations and was installed without appropriate federal authorization.

- Judge declares new Texas law that would erode cities’ power to enact local rules unconstitutional.

A sweeping new Texas law aimed at undermining the ability of the state’s bluer urban areas to enact progressive policies is unconstitutional, a Travis County judge ruled Wednesday.

State District Judge Maya Guerra Gamble made the ruling just days before the law — House Bill 2127, which opponents nicknamed the “Death Star” bill — is slated to take effect on Friday.


- Lawmakers call for federal investigation into Texas Guard intel ring.

A member of Congress and a Texas state legislator have called for the Justice Department to investigate the Texas National Guard’s intelligence work at the state’s border with Mexico.