Legal Opinion
Texas v. United States
Court of Appeals for the Fifth Circuit
Decided August 17, 2007No. 05-50754PublishedCited by 130 opinions
1Opinion of the Court
EDITH H. JONES, Chief Judge:
This is high-stakes litigation involving a challenge to procedures adopted by the Secretary of the Interior Department (“Secretary”) to circumvent the consequences of the Supreme Court’s Eleventh Amendment decision in Seminole Tribe of Florida v. Florida, 517 U.S. 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996). An initial question is whether Texas’s challenge to the existence of the Secretarial Procedures is ripe now, before the Secretary has made a substantive determination on a tribe’s Class III gaming license. We hold that the case is ripe, the State has standing,…
2Cases cited70 opinions
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- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Baker v. CarrSupreme Court of the United States · 1962
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
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3Cited by130 opinions
- City of Arlington v. Fed. Commc'ns Comm'nSupreme Court of the United States · 2013
- State of Texas v. USACourt of Appeals for the Fifth Circuit · 2015
- Terrell v. United StatesCourt of Appeals for the Sixth Circuit · 2009
- Choice Inc. of Texas v. Bruce GreensteinCourt of Appeals for the Fifth Circuit · 2012
- Contender Farms, L.L.P. v. United States Department of AgricultureCourt of Appeals for the Fifth Circuit · 2015
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