No. 24-1254

City of Palestine, Texas, et al. v. Union Pacific Railroad Company

Lower Court: Texas
Docketed: 2025-06-09
Status: Denied
Type: Paid
Tags: constitutional-interpretation iccta-preemption interstate-commerce retroactive-application separation-of-powers state-court-judgment
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the Texas Supreme Court erred in retroactively applying the Interstate Commerce Commission Termination Act's preemption provisions to a final state court judgment, in violation of separation of powers

Question Presented (OCR Extract)

1. Whether the Texas Supreme Court erred in retroactively applying the preemption provisions of the Interstate Commerce Commission Termination Act (ICCTA) to a final state court judgment, in conflict with precedent from this Court and federal circuits. 2. Whether the retroactive application of the Interstate Commerce Commission Termination Act to a final court judgment violates the separation of powers provision of Section 1 of Article 3 of the U.S. Constitution Specifically: Question 1: In upholding the grant of summary judgment by the Texas Twelfth Court of Appeals, did the Texas Supreme Court err in retroactively applying the preemption provisions of the ICCTA in conflict with decisions by this Court and the Eighth and Ninth Circuit precedent? Question 2: Did the retroactive application of the preemption provisions of the ICCTA to a final court judgment by the Texas Twelfth Court of Appeals and the Texas Supreme Court violate the separation of powers provision of Section 1 of Article 3 of the U.S. Constitution.

Docket Entries

2025-10-06
Petition DENIED.
2025-08-27
DISTRIBUTED for Conference of 9/29/2025.
2025-08-07
2025-08-07
Brief of respondent Union Pacific Railroad Company in opposition filed.
2025-06-24
Motion to extend the time to file a response is granted and the time is extended to and including August 8, 2025.
2025-06-23
Motion of Union Pacific Railroad Company for an extension of time submitted.
2025-06-23
Motion to extend the time to file a response from July 9, 2025 to August 8, 2025, submitted to The Clerk.
2025-06-05
Petition for a writ of certiorari filed. (Response due July 9, 2025)

Attorneys

City of Palestine, Texas and County of Anderson, Texas
James P. AllisonAllison, Bass & Magee, L.L.P., Petitioner
James P. AllisonAllison, Bass & Magee, L.L.P., Petitioner
Union Pacific Railroad Company
J. Scott Ballenger — Respondent
J. Scott Ballenger — Respondent