Fifth Circuit Sides with Texas Governor For Second Time


A federal appeals court on Monday approved a ban on most abortions in Texas during the coronavirus pandemic – including those induced by medication – and continued to flex its muscle in a back-and-forth with an Austin-based district court judge who believes most abortions should be exempt from the state’s ban on non-emergency procedures.
To see the original story CLICK HERE.
To read the Court's opinion CLICK HERE.  
The 5th Circuit used unusually strong language that was directed at the U.S. District Judge Lee Yeakel. Quotes from opinion-
The April 9 TRO violated the “mandate rule,” a particular manifestation of the law-of-the-case doctrine barring reexamination of issues already decided by an appellate court.
Our Abbott II opinion plainly expected, as a foundational premise for applying Jacobson, that the district court would allow the parties to adduce additional evidence about the effects of GA-09 in specific circumstances.
[O]ur opinion left no doubt that an additional evidentiary showing was necessary to properly apply Jacobson in particular circumstances.
The district court flouted both the letter and the spirit of our mandate by cancelling that adversarial hearing, convening a snap-TRO “hearing” at which one side was barred from offering evidence or argument, and then immediately issuing a new TRO based on evidence we had already ruled insufficient to show a violation of Jacobson and Casey.
Mandamus is justified to correct the district court’s failure to follow our Abbott II mandate.
This is all the more vital here because the failure to follow our mandate led the district court to “embarrass the executive arm of the Government” and “intru[de] . . . on a delicate area of federal-state relations.” Cheney, 542 U.S. at 381 (cleaned up).
As indicated in Abbott II, any future appeals or mandamus petitions in this case will be directed to this panel and will be expedited. See Gee, 941 F.3d at 173; In re First South Sav. Ass’n, 820 F.2d 700, 716 (5th Cir. 1987).

Most Read Posts Over The Last 30 Days

The Bail Post Episode No. 54: The Causes of Crime and How to Deter It With Guest Dr. Jennifer Wooldridge

Image
On this episode of The Bail Post we talk about the current theories regarding the causes of crime and how to deter it.  Our guest is Dr. Jennifer Wooldridge.  She is an associate professor of Criminal Justice and the Criminal Justice Undergraduate Coordinator at UT Tyler.   Audio Podcast- Also available on: Apple Podcasts-            CLICK HERE Spotify-                        CLICK HERE Google Podcasts-        CLICK HERE Podcast Index-            CLICK HERE Amazon Music-          CLICK HERE Stitcher-                      CLICK HERE iHeart-                        CLICK HERE TuneIn + Alexa          CLICK HERE Podcast Addict-          CLICK HERE Podchaser-                  CLICK HERE Pocket Casts-              CLICK HERE Deezer-                       CLICK HERE   Listen Notes-             CLICK HERE Audible-                     CLICK HERE PlayerFM-                 CLICK HERE Video version of Podcast- Subject Index to The Bail Post Podcast-   CLICK HERE   To find more information regarding
Read more

Good People, Good Food, Good Conversation and Good Competition- PBT's Upcoming 2024 Spring Fling

Image
Wednesday: April 10 - 12 is the PBT 8th Annual Spring Fling.  Festivities will begin on Wednesday with the Annual PBT Golf tournament.  Additionally, as teams are playing golf, another PBT team will be preparing a feast for Wednesday evening.  Late Wednesday afternoon PBT will celebrate the victors of the golf tournament with its annual cook out dinner.  This is a great time to mingle with other bondsmen, our lobbyists and our surety partners as we have fun celebrating all things Texas. Additionally, PBT invites local law enforcement members to join in the fun. This year, Wednesday evening will see a new element to the celebration.  PBT is sponsoring its first ever steak cook off  competition.  PBT currently has thirteen entries who are willing to put their reputations on the line to find out who can cook the best steak as selected by our blue ribbon panel of judges.  The cooks will be performing under the harsh lights (and harsh jokes) of all the spectators supporting and heckling the
Read more

Manipulating Crime Numbers, Houston Edition- Investigation of 264,000 Cases Suspended for a "Lack of Personnel"

Image
  Houston Police Chief Troy Finner has released some new information regarding criminal cases that were suspended.  Last week, Finner identified 4,017 cases of alleged sexual assault administratively suspended for "lack of personnel" - investigations essentially kicked to the curb back to 2016. "Am I proud about this? No, I'm angry, okay, because I know we are better, and we are going to make it right, and we will make it right. We are still short of staff and some people say 2,000 officers, so we do the best that we can do, but that's not good enough when we are not investigating sexual assaults," said Finner. On Monday afternoon, Houston police released a new statement saying, "Our review of adult sex crime cases suspended with a code of "lack of personnel" has expanded to include all other divisions in the department found to be using that same code. We have determined that department-wide approximately 264,000 such incident reports since 2
Read more

New Members 4/1/2024

Image
  Marcus Dudley Jr. Tuscola, Texas Catheryn Johnson E-Z Out Bail Bonds Granbury, Texas  Debbie Crocker EZ Bail Bonds Harker Heights, Texas  Lisa Degeyter Lisas 007 Bail Bonds Lampasas, Texas   Michael Edwards Smoking Gun Bail Bonds Belton, Texas  John Curry Haltom City, Texas  Edward Dees III Fast Action Bonding Dallas. Texas  Cherie Lincoln Vaughn's Cowtown Bail Bonds Cleburne, Texas  Michelle Turner Fort Bend County  Richmond, Texas  Vanessa Lopez Fort Bend County Richmond, Texas  Sara Rosas Fort Bend County Richmond, Texas  Chase Konnecke Freedom Bail Bonds Amarillo, Texas  Sherian Coleman North Texas Bailbonds Sherman, Texas  Charles R. Cantu Jr. Skipper Bail Bonding Service Sinton, Texas  Anthony Benitez Houston, Texas  Michael Singletary Austin, Texas  Sharon McCleveland Set'em Free Bail Bonds Houston, Texas  Sandra Stephenson Bulldog Bail Bonds Jefferson, Texas  Jane Day All Day Bail Bonds Beaumont, Texas  Willie Will
Read more

Studies Demonstrate Recidivism Rates Increase Using Simple Release

Image
DCJ Study A new study of bail reform outside New York City — suburbs and upstate — prepared by John Jay College of Criminal Justice’s Data Collaborative for Justice shows that 66% of the people released under bail reform who had a recent prior arrest were re-arrested within two years of their release. The DCJ study also showed that 67% of defendants who had a recent prior violent felony arrest in the past year who were released under bail reform were re-arrested within two years of their arraignment. Almost half — 49% — were rearrested for a felony.  The fact that a study shows that people who have committed crimes tend to continue to commit more crimes is not really surprising. My analysis of bail reform published by the Manhattan Institute in August of 2022 showed NYC re-arrest rates of close to 70% for people with prior records charged with larceny, burglary, robbery, and criminal contempt while their case was pending. But DCJ is no conservative think tank. On the contrary, they hav
Read more

Stories by Topic:

Show more