Texas v. Equal Employment Opportunity Commission
Court of Appeals for the Fifth Circuit
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
In this declaratory judgment action, the State of Texas appeals the district court’s order dismissing this action under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. Texas’s complaint seeks a declaration that an Enforcement Guidance document from the Equal Employment Opportunity Commission (“EEOC”) regarding the hiring of persons with criminal backgrounds violates the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701-06. The EEOC has instigated no legal proceedings against the State of Texas regarding the subject of felony…
2Cases cited33 opinions
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