State of Texas on Texas Appeals Journalhttps://texasappeals.org/topics/state-of-texas/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 08 Dec 2025 07:00:00 -0600Supreme Court Stays Order Blocking Texas’s 2025 Congressional Map for the 2026 Electionshttps://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.Third Court of Appeals Dismisses Cities’ Challenge to Texas Regulatory Consistency Act for Lack of Standinghttps://texasappeals.org/2025/08/state-v-city-of-houston-hb-2127/Mon, 04 Aug 2025 07:00:00 -0500https://texasappeals.org/2025/08/state-v-city-of-houston-hb-2127/The court held that Houston, San Antonio and El Paso did not plead an injury-in-fact or an injury traceable to the State of Texas, reversed a trial-court judgment declaring House Bill 2127 unconstitutional, and dismissed the suit without prejudice. The court did not decide whether the Act is constitutional.Fifth Circuit Holds DACA Final Rule Violates the Immigration and Nationality Act but Limits Relief to Texas and Leaves Forbearance Provisions Intacthttps://texasappeals.org/2025/01/texas-v-united-states-daca-rule/Mon, 20 Jan 2025 07:00:00 -0600https://texasappeals.org/2025/01/texas-v-united-states-daca-rule/The court held that Texas has standing under its earlier decision, that the 2022 DACA rule is materially identical to the 2012 memorandum and substantively violates the INA, and that the district court erred by not severing the rule’s forbearance provisions; it narrowed the injunction to Texas. The stay protecting existing recipients remains in place.Fifth Circuit Holds Texas Is Entitled to Preliminary Injunction Against Border Patrol Cutting of Concertina Wire Near Eagle Passhttps://texasappeals.org/2024/12/texas-v-dhs-eagle-pass-concertina-wire/Mon, 23 Dec 2024 07:00:00 -0600https://texasappeals.org/2024/12/texas-v-dhs-eagle-pass-concertina-wire/The court held that § 702 of the Administrative Procedure Act waives the United States’ sovereign immunity for Texas’s state-law trespass claims, that neither intergovernmental immunity nor 8 U.S.C. § 1252(f)(1) bars the suit, and that Texas satisfied the preliminary-injunction factors. It granted a modified injunction; Judge Ramirez dissented.