Legal Opinion
Dutmer v. City of San Antonio, Tex.
District Court, W.D. Texas
Decided August 19, 1996No. Civil Action SA-95-CA-764PublishedCited by 25 opinions
1Opinion of the Court
ORDER
BIERY, District Judge.
A case of first impression addressing the legality of term limits for council members of Texas home rule cities 1 presents this issue:
Motivated by frustration with their political institutions, can citizens of a Texas home rule city legally trade a part of their birthright (the less fettered power to choose their rulers) for a mess of pottage (de facto government by unelected albeit capable and dedicated career public servants)?
Invoking the account of Esau 2 and for the reasons stated below, this Court answers in the affirmative.
It is appropriate to begin with what…
2Cases cited42 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Warth v. SeldinSupreme Court of the United States · 1975
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
37 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Jones v. BatesCourt of Appeals for the Ninth Circuit · 1997
- Ghoman v. New Hampshire InsuranceDistrict Court, N.D. Texas · 2001
- Citizens for Legislative Choice v. MillerCourt of Appeals for the Sixth Circuit · 1998
- San Antonio Hispanic Police Officers' Organization, Inc. v. City of San AntonioDistrict Court, W.D. Texas · 1999
- Citizens for Legislative Choice v. MillerCourt of Appeals for the Sixth Circuit · 1998
20 more not listed; retrieve them via the Exa API.