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Trump-appointed judge rips Texas law setting up book-ban regime for state's schools (UPDATE: it's going into effect. see blurb) (www.lawdork.com)

submitted 1 year ago* (last edited 1 year ago) by geosoco@kbin.social to c/politics@lemmy.world

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“This is textbook compelled speech,” U.S. District Judge Alan Albright ruled in halting enforcement of the law. Texas is appealing.

...

OP NOTE: This is actually a week old, today 3 judge panel allowed the ban to go into effect. Here's the author's mastodon post about it. though there are few other details

BREAKING: A three-judge panel of the 5th Circuit (Elrod, Haynes, Douglas) allows Texas’s book-ban law to go into effect, issuing an administrative stay of the district court ruling enjoining enforcement of the law.
The court gave no reasoning for its order, which is remarkable given that the law has never been allowed to go into effect, so the order — although posed as merely “administrative” — is a ruling, at least temporarily, changing the status of state law.

... rest of blurb ...

On Monday, a federal judge ruled in favor of booksellers who argued that Texas’s new law banning some books from public school libraries and restricting others through an onerous and complicated regime is likely unconstitutional in an opinion that blasted the law and the arguments the state made in its defense.

“[T]his Court has found that READER likely violates the First Amendment by containing an unconstitutional prior restraint, compelled speech, and unconstitutional vagueness,” U.S. District Judge Alan Albright — a Trump appointee to the federal bench — concluded in issuing a preliminary injunction halting state officials from enforcing the law. Texas already announced that it is appealing the decision.

...

“To put the scale of the number of books that would need to be rated in perspective, a librarian in San Antonio for Northside ISD testified that six school districts alone had library collections totaling over six million items,“ Albright wrote. There are more than 1,200 school districts in Texas.

Let’s just get this out of the way: Albright cannot believe this law exists. He also cannot believe the arguments the state made in its defense.

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[-] mvirts@lemmy.world 7 points 1 year ago

Texas sucks.

Also, states have their own laws but are beholden to the constitution through courts run by the federal (national) government. If a state law is challenged in federal court, it is tested to see if it violates the constitution.

At one level, a Texas law banning books in schools or something was deemed un-constitutional, so it is still a law but is unenforceable. Later, a higher level federal court decided (probably after the state of Texas appealed the first decision) that it is fine and now the law is in effect.

Sorry I may have missed something

[-] geosoco@kbin.social 4 points 1 year ago

Great summary! a teensy nitpick. I wouldn't say the most recent court said it was "fine" per se since they didn't give any reasoning. It is at least possible, that there is a technical issue with earlier rulings. It could be minor technicality, and they let the law take effect pending the next court date?

I think your implication is likely correct, and this is probably political, but we really don't know the reason, and I think not giving one is surprising.

[-] mvirts@lemmy.world 3 points 1 year ago

Good point! I didn't think of that

[-] ryannathans@aussie.zone 1 points 1 year ago

Thanks for the summaries, I guess we will stay tuned for when it's ultimately decided

this post was submitted on 25 Sep 2023

168 points (97.2% liked)

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