![fifth circuit court of appeals dallas fifth circuit court of appeals dallas](https://600commerce.com/wp-content/uploads/2012/06/600Commerce.jpg)
- #Fifth circuit court of appeals dallas how to
- #Fifth circuit court of appeals dallas trial
- #Fifth circuit court of appeals dallas free
It ultimately came down to what the meaning of “related to” is. Similar issues were at play in another case of disagreement between these justices, Erdner vs. Clark, we now know that a “member” of “the media” does not include everyone “who merely opines on the issues of the day” in an era when anyone “with an internet connection has the ability to publish.” She also concluded that a nonprofit website is not “the media” based on public policy considerations. If he had to decide the bigger issue, he would have ruled that a nonprofit website is “media” based on the dictionary definition of that word.īy contrast, Reichek’s opinion makes a relatively broad pronouncement: Under Phillips vs. Whitehill favored a decision that was relatively specific to the facts of the case at hand, meaning the law for now would take just a baby step forward in its development. So maybe they agree with Whitehill’s call for restraint.Įven so, the contrast in end results is striking.
![fifth circuit court of appeals dallas fifth circuit court of appeals dallas](https://static.politico.com/dims4/default/a5a641e/2147483647/resize/1160x>/quality/90/?url=https:%2F%2Fstatic.politico.com%2F1c%2F36%2F8460899446a7a480c486bd3ac603%2F190625-5thcircuit-ap-773.jpg)
Reichek and Molberg disagreed that the court could actually have decided the case on narrower grounds. It goes to the proper role of courts and the exercise of their power. Whitehill’s view that judges “should not reach issues we do not need to reach to decide a case” reflects a particular judicial philosophy.
#Fifth circuit court of appeals dallas free
He thought it was clear that Phillips did not seek dismissal based on free speech or free press rights, and so it was unnecessary and improper for the court to decide whether Phillips was a member of the media or if the political mailer and nonprofit website were “media.” But he wrote a separate opinion to explain that he disagreed with their methods. Justice Bill Whitehill (Republican) agreed with Justices Amanda Reichek and Ken Molberg (Democrats) that Phillips could not immediately appeal under the statute. Under that statute, immediate appeal is available if “a member” of the “media” asks to dismiss a lawsuit based on free speech or free press rights, or if someone whose speech appears in the “media” does so. Phillips claimed that a special Texas statute allowed him to immediately appeal. The Dallas court of appeals first had to decide whether Phillips could even appeal at that point, because ordinarily you must wait until your case is over to appeal. Phillips then appealed to the Dallas court of appeals.
#Fifth circuit court of appeals dallas trial
Phillips asked the trial court to dismiss the lawsuit, but the trial court denied that request and kept the lawsuit alive. Clark alleged that Phillips defamed him in a political mailer and in an article posted on the website of a Texas nonprofit.
![fifth circuit court of appeals dallas fifth circuit court of appeals dallas](https://600commerce.com/wp-content/uploads/2015/11/600Commerce-e1541860267749-300x233.jpg)
It involved a lawsuit by Kaufman County Commissioner Ray Clark against Skeet Phillips, a challenger in the Republican primary. The Dallas court of appeals decides thousands of cases, and it essentially has the last word on Texas law.Ĭonsider the case of Phillips vs. These disagreements are falling along political lines, with new Democratic justices helping to form majorities and Republican justices writing separate opinions to express their disagreement.
#Fifth circuit court of appeals dallas how to
This axiom comes to mind for us now in looking at the changed political makeup of the Texas 5th District Court of Appeals at Dallas and recent opinions that offer the first glimpses of how quickly the law here could shift.ĭisagreements are emerging among the justices on fundamental ideas about what the law is and how to decide cases. “Lawyers spend a great deal of their time shoveling smoke.” So said the eloquently blunt Justice Oliver Wendell Holmes.
![fifth circuit court of appeals dallas fifth circuit court of appeals dallas](https://i1.wp.com/www.nativenews.net/wp-content/uploads/2020/01/5-circuit-fed-courthouse.jpg)