No. 19-1441

City of Austin, Texas v. Ken Paxton, Attorney General of Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2020-06-30
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: civil-rights declaratory-judgment due-process eleventh-amendment ex-parte-young federal-jurisdiction federal-preemption preemption standing state-preemption supremacy-clause
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (from Petition)

Under Ex parte Young, is a state official a proper defendant in a federal declaratory judgment challenge under the Supremacy Clause to the validity of a self-enforcing state statute, if the official with authority to enforce the statute has not yet overtly threatened enforcement?

Question Presented (AI Summary)

Under Ex parte Young, is a state official a proper defendant in a federal declaratory judgment challenge under the Supremacy Clause to the validity of a self-enforcing state statute, if the official with authority to enforce the statute has not yet overtly threatened enforcement?

Docket Entries

2021-01-11
Petition DENIED.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-09
Reply of petitioner City of Austin, Texas filed. (Distributed)
2020-12-01
Brief of respondent Paxton, Att'y Gen. of TX in opposition filed.
2020-11-02
Supplemental brief of petitioner City of Austin, Texas filed.
2020-09-11
Motion to extend the time to file a response is granted and the time is extended to and including December 1, 2020.
2020-09-10
Motion to extend the time to file a response from October 2, 2020 to December 1, 2020, submitted to The Clerk.
2020-09-02
Response Requested. (Due October 2, 2020)
2020-08-05
DISTRIBUTED for Conference of 9/29/2020.
2020-07-13
Waiver of right of respondent Paxton, Att'y Gen. of TX to respond filed.
2020-06-25
Petition for a writ of certiorari filed. (Response due July 30, 2020)

Attorneys

City of Austin, Texas
Renea HicksLaw Office of Max Renea Hicks, Petitioner
Paxton, Att'y Gen. of TX
Kyle Douglas HawkinsTexas Attorney General's Office, Respondent