https://texasappeals.org/topics/justice-elena-kagan/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 08 Dec 2025 07:00:00 -0600https://texasappeals.org/2025/12/abbott-v-lulac-redistricting-stay/Mon, 08 Dec 2025 07:00:00 -0600https://texasappeals.org/2025/12/abbott-v-lulac-redistricting-stay/In an unsigned order on an application for a stay, the Court found that Texas was likely to show the three-judge District Court failed to honor the presumption of legislative good faith and failed to draw an adverse inference from the challengers’ lack of an alternative map. The order rests on a “preliminary evaluation” and does not decide the racial-gerrymandering claim.https://texasappeals.org/2025/07/free-speech-coalition-v-paxton-age-verification/Mon, 14 Jul 2025 07:00:00 -0500https://texasappeals.org/2025/07/free-speech-coalition-v-paxton-age-verification/The Court held that H.B. 1181, which requires certain commercial websites publishing content that is obscene to minors to verify that visitors are adults, only incidentally burdens adults’ protected speech, triggers intermediate scrutiny rather than strict scrutiny, and satisfies that standard. Justice Kagan, joined by Justices Sotomayor and Jackson, dissented.