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Current Cases

De Leon v. Perry is a federal-court challenge to discriminatory marriage laws in Texas that prohibit same-sex couples from marrying. In February 2014, District Court Judge Orlando Garcia ruled that these laws violate the plaintiffs’ rights to equal protection and due process guaranteed by the Fourteenth Amendment.

Halbig v. Burwell involves a major challenge to a key component of the Patient Protection and Affordable Care Act (“ACA”), a landmark law dedicated to achieving the single goal of widespread, affordable health care.  

Hotze v. Burwell involves a challenge to the individual and employer mandate provisions of the Patient Protection and Affordable Care Act (“ACA”).  The plaintiffs in Hotze filed suit in the U.S. District Court for the Southern District of Texas arguing that these provisions violate the Constitution’s Origination Clause, which provides that “[a]ll Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other bills.”  According to the plaintiffs, the ACA is a revenue-raising bill that did not originate in the House of Representatives. 

On July 3, 2014, the California Legislature enacted Senate Bill 1272, placing an advisory question (known as Proposition 49) on the November 2014 ballot soliciting the views of California voters on whether to amend the U.S. Constitution to overturn the U.S Supreme Court’s decision in Citizens United v. FEC. Shortly thereafter, the Howard Jarvis Taxpayers Association (“HJTA”) sought to remove Proposition 49 from the ballot, arguing that the Legislature had exceeded its authority in placing it there.

In Hurst v. Florida, the Supreme Court is considering whether Florida’s death sentencing scheme violates the Sixth or Eighth Amendments in light of the Court’s 2002 decision in Ring v. Arizona.

Robicheaux v. Caldwell is a federal-court challenge to discriminatory marriage laws in Louisiana that prohibit same-sex marriage. On September 3, 2014, District Judge Martin Feldman of the Eastern District of Louisiana became the first federal judge to uphold a state’s discriminatory ban on same-sex marriage following the Supreme Court’s decision in United States v. Windsor.

Texas v. United States is a federal court challenge to President Obama’s 2014 executive action on immigration.