Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Texas
Related: About this forumCourt Slaps Down Abbott, and Sides with Wendy Davis...Again
This makes me smile http://us7.campaign-archive1.com/?u=824cb3251abbeba9dfdf52496&id=0a92136dd9&e=88f3e58ec1
Earlier today, the 5th Circuit US Court of Appeals granted a motion by attorneys representing Wendy Davis and other plaintiffs to dismiss an appeal filed by Attorney General Greg Abbott regarding attorneys fees. The decision by the Appeals Court is another in a series of miscalculations by Greg Abbott, who has lost every single substantive legal argument in his redistricting battle with Davis.
Earlier this year, the three-judge Federal District Court in San Antonio ruled that Senator Davis and fellow plaintiffs are the prevailing parties in the State Senate redistricting case. Following the District Courts ruling, attorneys for the Davis plaintiffs filed a motion to recover attorney fees and expenses as the prevailing parties. Rather than wait for the District Court to issue a final fee decision, Attorney General Abbott rushed to the 5th Circuit US Appeals Court in an attempt to head off a fee award and somehow reverse the finding of the Davis plaintiffs as the prevailing party.
Abbotts appeal was doomed from the outset. Precedent that is well known among experienced legal counsel (except apparently within Greg Abbotts office) makes clear that the US Appeals Court does not have jurisdiction until a fee award is actually made.
Commenting upon the ruling, Davis legal counsel, J Gerald Hebert said, I suppose the only persons surprised by this ruling are Greg Abbott and his attorneys in the AGs office. The dismissal of their appeal was in keeping with fairly well known legal precedent. Theyre seldom right, but at least they are consistent.
Greg is a very bad attorney and keeps on losing these cases.
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
2 replies, 1601 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (13)
ReplyReply to this post
2 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
Court Slaps Down Abbott, and Sides with Wendy Davis...Again (Original Post)
Gothmog
Nov 2013
OP
Laelth
(32,017 posts)1. k&r for Wendy Davis. n/t
-Laelth
TexasTowelie
(112,516 posts)2. It's unfortunate that the US Appeals Court can't levy a fine
against Abbott for filing a frivolous lawsuit and wasting everyone's time.
It's also unfortunate that someone so stupid about the legal precedents supposedly represents all Texas citizens in the highest prosecutor's office.