ultra vires on Texas Appeals Journalhttps://texasappeals.org/topics/ultra-vires/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 05 Jan 2026 07:00:00 -0600Fifteenth Court of Appeals Affirms Temporary Injunction Against Attorney General’s Prosecutor-Reporting Rules as to Named Plaintiffs, Reverses It as to Nonpartieshttps://texasappeals.org/2026/01/paxton-v-garza-local-prosecutors/Mon, 05 Jan 2026 07:00:00 -0600https://texasappeals.org/2026/01/paxton-v-garza-local-prosecutors/The court held that Section 41.006 of the Government Code does not confer rulemaking authority on the Attorney General, so the suing prosecutors showed a probable right to relief against rules requiring reports from large-county district and county attorneys. It limited the injunction to the named plaintiffs and remanded.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.