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The Latest Breaking News from Robert Pitman

A US appeals court will review its prior order that returned banned books to shelves in Texas

A federal appeals court in New Orleans is taking another look at its own recent order requiring a Texas county to keep eight books on public library shelves that deal with subjects including sex, gender identity and racism

The Independent UK

Austin Judges Shop For Cases With "Mutual Consent"

Cases in the Austin Division of the Western District of Texas are not "randomly" assigned.

Reason

Court Denies Plaintiff Pseudonymity in #TheyLied Libel Suit Stemming from Alleged Stealthing by 17-Year-Old

From a decision last week by Judge Robert Pitman in DL v. JS (W.D. Tex.): Plaintiff dated ES from September 2021 to January 2022 when they were both in high school. On December 18, 2021, Plaintiff and ES were having intercourse when Plaintiff removed his condom without ES's knowledge. ES,…

Reason

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Federal judge seems wary of Texas ban on TikTok at public universities

Last year, Texas joined more than 30 other states in banning TikTok on government-issued cell phones and computers. A nationwide coalition of professors are suing the state over the ban, arguing it has limited their ability to teach and research the social media app.

The Texas Tribune

A Possible Reprieve for the Mentally Ill on Death Row

Scott Panetti was deemed incompetent for execution.

Texas Observer

Texas death row inmate with 40-year mental illness history ruled not competent to be executed

A federal judge has ruled a Texas death row inmate with a long history of mental illness is not competent to be executed

The Independent UK

Convicted murderer Scott Panetti isn’t sane enough to be executed, federal judge rules

Panetti murdered his in-laws in 1992. The U.S. Supreme Court in 2007 set new court precedent with his case, raising the bar on the constitutional restriction against executing the insane.

The Texas Tribune

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Third-party candidates may have an easier time getting on the ballot in Texas

A federal judge blocks an 118-year-old state law that required minor political party candidates to collect more than 83,000 signatures on paper in order to appear on the ballot.

The Texas Tribune

Mystery orcas with bulbous heads wash up dead in unexplained mass stranding

The nine Type D orcas were found on a beach in Chile, with a necropsy of one female showing it was a healthy adult, with no signs of human involvement in its death.

LiveScience

Llano County library supporters declare victory as officials decide not to close all branches

Llano County commissioners had considered closing the three libraries in response to a ruling from a federal judge who ordered banned books returned to the shelves.

The Texas Tribune

Texas county roiled by book ban considered closing libraries

Leaders in a rural Texas county held a special meeting Thursday to consider the drastic option of shutting their public library system down rather than heed a federal judge’s order to return books to the shelves ranging from teen sexuality and gender to bigotry and race

The Independent UK

Texas abortion funds cautiously resume services following legal reprieve

Groups had stopped work funding out-of-state travel for abortions due to threats from Republican attorney general Ken Paxton

The Guardian - US

Texas judge orders LGBTQ books removed from public libraries to be returned within 24 hours

A federal judge in Texas ruled that at least 12 books, which were previously removed from public libraries, must be returned to their shelves.

Tribune News Service

Viewpoint-Based Removal of Books from Public Library Violated First Amendments, Holds District Court

From Little v. Llano County, decided yesterday by Judge Robert Pitman (W.D. Tex.): In early July 2021, prior to their appointment to the New Library Board, Defendants Rochelle Wells, Rhonda Schneider, Gay Baskin, and Bonnie Wallace were part of a community group pushing for the removal of children's books that…

Reason

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The Texas Tribune

Llano County officials must offer library books they’d removed, judge orders

Local officials are appealing the order in a lawsuit that drew national attention. Seven library patrons say the book removals infringed their First Amendment rights.

Reason

Libel Lawsuit Over Daily Dot's Allegations That Someone Was "Jan. 6 Capitol Riot Organizer" Can Go Forward

From Bostic v. Daily Dot, LLC, decided Wednesday by Judge Robert Pitman (W.D. Tex.): This case revolves around an article … published on February 23, 2021, by the Daily Dot—a wholly owned subsidiary of Clarion Media—which stated that Plaintiff Daniel Bostic … was a "Jan. 6 Capitol riot organizer." Bostic…

Reason

Showdown Over Student Loan Forgiveness Hits Supreme Court Tomorrow

Plus: Texas prosecutors can't criminally charge people who help others access out-of-state abortions, food trucks fight rules banning them in 96 percent of North Carolina city, and more...

The Texas Tribune

Texas abortion funds likely safe from prosecution, federal judge rules

U.S. District Judge Robert Pitman dismissed Attorney General Ken Paxton from the lawsuit, ruling he had no authority to enforce Texas’ abortion bans beyond state lines.

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Reason

Texas Abortion Laws Don't Regulate Out-of-State Abortions

From today's decision by Judge Robert Pitman in Fund Texas Choice v. Paxton (W.D. Tex.): [T]he Court will grant [Texas AG Ken] Paxton's motion to dismiss and grant the preliminary injunction in part. Specifically, the Court finds that while Paxton has enforcement authority under H.B. 1280, the statute does not…

The Texas Tribune

Federal judge dismisses Wendy Davis’ challenge to Texas abortion ban

Davis, best known for her 13-hour filibuster of a 2013 abortion bill, sought to block the state’s ban on abortions after about six weeks of pregnancy. A federal judge found Davis had not “articulated a credible, imminent threat.”

The Independent UK

Texas Attorney General Ken Paxton is ordered to testify in abortion case after fleeing home to avoid subpoena

The GOP official claimed he fled a process server because he was afraid he might be attacked

The Guardian - US

Texas attorney general who tried to flee abortion subpoena ordered to testify

Republican Ken Paxton allegedly escaped home and jumped into truck driven by his wife to avoid being served by subpoena

Tribune News Service

Federal judge orders Texas Attorney General Ken Paxton to testify in an abortion lawsuit

AUSTIN, Texas — A federal judge has ordered Texas Attorney General Ken Paxton to testify in a high-profile abortion case, a week after the Republican reportedly fled his McKinney home to avoid being served with a subpoena.

The Texas Tribune

Attorney General Ken Paxton ordered to testify in abortion lawsuit after evading subpoena

A federal judge who previously quashed the subpoena ruled that the attorney general must take the witness stand in a lawsuit from abortion funds.

The Texas Tribune

Ken Paxton’s office knew he’d be subpoenaed before he fled his home to avoid being served, emails show

Lawyers for the state argue they didn’t know the attorney general would be served at home. Emails from opposing counsel show they tried repeatedly to serve him through his attorneys.

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