No. 20-64

David McMahon, et al. v. Jay Hartzell, et al.

Lower Court: Fifth Circuit
Docketed: 2020-07-23
Status: Denied
Type: Paid
Response Waived
Tags: article-iii-standing constitutional-rights federal-taxpayer-standing free-speech injury-in-fact municipal-funds public-charitable-trust taxpayer-standing
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether authors of protected speech must be the original authors or if interested individuals or groups can come into the speech

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. With regard to Article III standing and an injuryin-fact, do the authors of protected speech have to be the original authors or can interested individuals or groups come into the speech? 2. Should this Court adopt special interest standing and allow individuals or members of a small group standing to represent the rights of a public charitable trust violated by the government when the Attorney General of a state fails or refuses to represent the public’s rights? 3. Does Petitioner Brewer have federal taxpayer standing to sue a municipality for expending municipal funds in violation of his constitutional right to free speech?

Docket Entries

2020-10-05
Petition DENIED.
2020-08-19
DISTRIBUTED for Conference of 9/29/2020.
2020-08-13
Waiver of right of respondent All Respondents except for Interim President Jay Hartzell to respond filed.
2020-08-06
Waiver of right of respondent Jay Hartzell to respond filed.
2020-08-03
Letter of July 29, 2020 of substitution, received from counsel for the respondents.
2020-05-28
Petition for a writ of certiorari filed. (Response due August 24, 2020)

Attorneys

All Respondents except for Interim President Jay Hartzell
Jacqueline M. StrohThe Law Office of Jacqueline M. Stroh, P.C., Respondent
David McMahon, et al.
Warren V. NorredNorred Law, PLLC, Petitioner
Jay Hartzell, et al.
Kyle Douglas HawkinsTexas Attorney General's Office, Respondent