629 F. App'x 627
5th Cir.2015Background
- Three churches in Texas challenged eight provisions of the Texas Election Code regarding recall activities.
- The district court dismissed challenges to three provisions for lack of standing and granted summary judgment on the rest.
- On appeal, churches challenge only standing regarding sections 253.094(b) and 253.096.
- Churches sought to circulate recall petitions, raise funds, and communicate with members about recalls, including pulpit and website communications.
- The central issue is whether churches have a credible threat of enforcement for 253.094(b) and 253.096, analyzed de novo.
- The Fifth Circuit affirmed the district court’s standing ruling as to 253.094(b); the 253.096 challenge was not reached.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge 253.094(b) | Churches argue proposed activities violate 253.094(b). | Agency lack of credible threat; precedent controls. | No standing; no credible enforcement threat found. |
| Reach of 253.096 after 253.094(b) ruling | If 253.094(b) is unconstitutional, 253.096 would apply and be unconstitutional. | With no standing for 253.094(b), 253.096 not reach; remains unresolved. | Not reached due to lack of standing on 253.094(b). |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (U.S. 1992) (standing requires actual or imminent injury)
- National Federation of the Blind of Tex., Inc. v. Abbott, 647 F.3d 202 (5th Cir. 2011) (standing in pre-enforcement cases requires credible threat)
- Babbitt v. United Farm Workers Nat’l Union, 442 U.S. 289 (U.S. 1979) (pre-enforcement injury may support standing)
- Hill v. City of Houston, 789 F.2d 1103 (5th Cir. 1986) (criteria for standing in municipal enforcement actions)
- Center for Individual Freedom v. Carmouche, 449 F.3d 655 (5th Cir. 2006) (advisory opinions and enforcement history as threats to standing)
- Texans for Free Enterprise v. Tex. Ethics Comm’n, 732 F.3d 535 (5th Cir. 2013) (corporate contributions to independent committees; standing limits)
- Catholic Leadership Coalition of Tex. v. Reisman, 764 F.3d 409 (5th Cir. 2014) (limits on enforceability of corporate contribution prohibitions)
- Rivers v. Roadway Exp., Inc., 511 U.S. 298 (U.S. 1994) (statutory construction as authoritative interpretation)
- Simon v. United States, 891 F.2d 1154 (5th Cir. 1990) (issue not fairly presented not preserved for review)