constitutional avoidance on Texas Appeals Journalhttps://texasappeals.org/topics/constitutional-avoidance/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 20 Jul 2026 07:00:00 -0500Fifth Circuit Affirms Denial of Intervention in United States’ Suit Over Texas In-State Tuition Provisionshttps://texasappeals.org/2026/07/united-states-v-texas-dream-act-intervention/Mon, 20 Jul 2026 07:00:00 -0500https://texasappeals.org/2026/07/united-states-v-texas-dream-act-intervention/The court held that intervention to defend two Texas Education Code provisions was futile because 8 U.S.C. § 1623(a) preempts them as to aliens not lawfully present, and dismissed the would-be intervenors’ remaining claims for want of appellate jurisdiction. Judge Irma Carrillo Ramirez dissented.Supreme Court Holds ATF Rule on Weapon Parts Kits and Unfinished Frames Is Not Facially Inconsistent With the Gun Control Acthttps://texasappeals.org/2025/03/bondi-v-vanderstok-ghost-gun-rule/Mon, 31 Mar 2025 07:00:00 -0500https://texasappeals.org/2025/03/bondi-v-vanderstok-ghost-gun-rule/Reviewing a Fifth Circuit judgment in a suit filed in the Northern District of Texas, the Court held that the Gun Control Act reaches at least some weapon parts kits and at least some partially complete frames or receivers, so the challenged provisions of ATF’s 2022 rule are not facially invalid. The Court did not decide whether the rule may lawfully be applied to any particular product.