Monday, June 1, 2015
Photo courtesy of Cyrus D. Mehta & Associates, PLLC website
Cyrus D. Mehta has an interesting post about the appeal of Texas v. United States in the Fifth Circuit. Mehta sees the Fifth Circuit's en banc decision in Villas at Parkside Partners v. Farmers Branch, 726 F.3d 524 (5th Cir. 2013), which struck down a Farmers Branch, TX, ordinance on preemption grounds, as offering a potential key to victory. Interesting, Judge Higginson, who dissented the recent stay decision in Texas v. United States, wrote for the majority in the Farmer's Branch case while Judges Smith and Elrod, in the majority in Texas v. United States, dissented in Farmer's Branch.