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Your Stake in Texas Law: High Court to Weigh in on Delta-8, Abortion, Trans Care, and More
Key Takeaways
- •Texas Supreme Court to decide if Delta-8 THC was unlawfully reclassified as Schedule I substance, impacting due process and a multi-billion-dollar industry.
- •Court will review if Texas's anti-SLAPP law (TCPA) applies to legal challenges against the 'bounty hunter' enforcement mechanism of SB 8, the state's abortion law.
- •Justices to interpret the Texas Medical Liability Act's statutes of limitations regarding lawsuits alleging medical negligence in gender transition regret cases.
- •High court to rule on Austin's authority to fund its light rail system using voter-approved tax revenue, challenging the Attorney General's interpretation of municipal finance law.
- •Lawsuit claims state-approved temporary closures of Boca Chica Beach for SpaceX operations violate the Texas Constitution's guarantee of public beach access.
Alright, imagine you're grabbing a drink, and someone asks you what big things are happening in Texas law. You'd probably point to the Texas Supreme Court. This year, the highest civil court in our state isn't just dealing with paperwork; they're set to decide on some truly wild cases. We're talking about stuff that touches your wallet, your health choices, and even where you can hang out on the beach. These aren't just legal debates; they're arguments that could actually shift the ground under our feet, affecting businesses, individual liberties, and how local governments work. So, let's break down what's coming up and why you should care. It’s a busy docket, and the decisions could seriously impact everyday life across Houston and all of Texas.
First up, let's talk about Delta-8 THC. You know, that compound in hemp that gives a milder 'high' than traditional marijuana? For a while, it was everywhere, from smoke shops to gas stations. But then, in 2021, the Texas Department of State Health Services, or DSHS, basically said, 'Hold up!' They classified Delta-8 as a Schedule I controlled substance. Now, if you're thinking 'Schedule I,' that's the serious stuff – drugs with no accepted medical use and a high potential for abuse. Think heroin or ecstasy. So, making Delta-8 a Schedule I substance would mean possessing or selling it comes with criminal consequences, just like those other heavy-hitters. This move really confused things, especially after the 2018 federal Farm Bill and subsequent Texas law had opened the door for hemp products with low Delta-9 THC.
This reclassification sparked a massive legal fight. Sky Marketing Corp., the company behind Austin's Hometown Hero hemp retailer, and other businesses weren't having it. They sued DSHS, arguing the agency didn't follow the rules. Specifically, they claimed DSHS unlawfully reclassified Delta-8 without holding a required public hearing. That's a pretty big deal in administrative law, right? If a state agency wants to make such a sweeping change, due process usually dictates a public hearing so everyone affected can weigh in. The businesses also said a ban would crush Texas's multi-billion-dollar hemp industry. An Austin trial court agreed with the businesses and slapped an injunction on DSHS's rule, stopping it from taking effect. An appeals court backed that decision, and now DSHS has brought the whole thing to the Texas Supreme Court.
Now, here's where it gets even more complicated. Since this lawsuit started, a lot has changed. Governor Abbott issued an executive order saying, 'Okay, you can sell THC products, but not to minors.' Then Congress got in on the action, banning hemp products with more than 0.4% THC – a ban that's set to kick in soon. And if that wasn't enough, former President Trump issued an executive order directing federal agencies to reclassify marijuana from Schedule I to Schedule III. So, you've got this ever-shifting legal and political landscape. Despite all that, both sides in the Texas case still think the Supreme Court needs to hear their arguments. They argue these federal changes don't directly resolve the state-level dispute. DSHS has even proposed new state rules that would keep edible Delta-8 legal but change how THC is measured, which many hemp businesses say would dramatically increase their costs. So, the court hearing on January 14th is a big one. It's about more than just Delta-8; it's about regulatory power, due process for businesses, and the future of a booming industry in Texas.
Next up, we're diving into Senate Bill 8, often called the 'Texas Heartbeat Act.' This is the law that bans abortions in Texas after around six weeks, once cardiac activity is detected, with only a very narrow exception for medical emergencies. But what really makes SB 8 stand out, and where the legal drama truly unfolds, is its enforcement mechanism. Instead of state officials enforcing it, the law empowers private citizens to sue anyone who performs or 'aids and abets' an abortion past that six-week mark. Think of it like a legal bounty system. You, as a private citizen, could potentially sue a doctor, a clinic worker, or even someone who helps a pregnant person travel out of state for an abortion.
This unique legal structure is at the heart of the case before the Supreme Court. The Lilith Fund for Reproductive Equity, a Texas non-profit that helps people access abortion, allegedly assisted someone in getting an abortion that fell under SB 8's restrictions. Enter Sadie Weldon, a private citizen from Jack County, who filed a petition to get more information about the Lilith Fund's alleged violation. She’s part of a legal team that includes Jonathan Mitchell, who's widely recognized as one of the main architects of SB 8. Now, the Lilith Fund didn't just sit back. They turned around and sued Weldon, asking the court to declare SB 8 unconstitutional and to temporarily block her from pursuing action against them.
Weldon, in turn, tried to get the Lilith Fund’s lawsuit dismissed by using the Texas Citizens Participation Act, or TCPA. This law is Texas’s version of an anti-SLAPP statute, designed to protect people from frivolous lawsuits that try to silence their free speech or right to petition the government. Weldon argued that the Lilith Fund’s lawsuit was simply an attempt to stop her from exercising her constitutional right to petition the courts. But here's the kicker: both the trial court and an appeals court sided with the Lilith Fund, saying the TCPA didn't apply in Weldon’s situation. This suggests they might not have seen her action as the kind of 'petition' that the TCPA aims to protect against, especially when it involves one private party suing another over a deeply contested issue. So now, it's up to the Texas Supreme Court to figure out if Weldon’s attempt to get information and potentially enforce SB 8 is protected under the TCPA. The ruling could either strengthen or weaken the "bounty hunter" aspect of SB 8, and it could also clarify the scope of our anti-SLAPP law in politically charged disputes. This case, also set for January 14th, directly tackles your right to petition and the controversial enforcement of abortion laws.
Let's shift gears to a case that touches on deeply personal medical decisions and the boundaries of legal recourse. Soren Aldaco, a Tarrant County resident, began transitioning as a teenager, which led to her taking testosterone and eventually undergoing a double mastectomy when she was 19. She later experienced painful complications and, regretting her choices, stopped her transition. Aldaco has spoken publicly about attributing her earlier issues with gender identity to a troubled adolescence and outside influences.
In 2023, she sued several of the doctors and facilities involved in her transition, alleging medical negligence. She claims these medical professionals recklessly pressured her into transitioning. Now, this isn't just a simple medical malpractice claim. It runs into a significant legal hurdle: the Texas Medical Liability Act (TMLA). This act sets strict deadlines, known as statutes of limitations, for when you can file a medical negligence lawsuit. Both the Fort Worth trial court and the Second Court of Appeals sided with the defendants, ruling that Aldaco’s claims were filed too late under the TMLA.
So, the Texas Supreme Court is now tasked with interpreting the TMLA in this very sensitive and relatively new area of medical law. The core legal question for them is about when the 'clock' starts ticking for a lawsuit like Aldaco's. Is it when the medical procedure occurs, or when a person truly understands or 'discovers' the alleged harm, especially when that understanding might change significantly over time, as it did for Aldaco? The court's decision here will have huge public policy implications. It could shape how medical professionals approach gender-affirming care, particularly for minors and young adults, and it could set a precedent for individuals who later regret such treatments and wish to seek legal remedies. It's a case balancing the rights of patients, the responsibilities of doctors, and the interpretation of critical deadlines in the law, with the hearing scheduled for February 11th.
Now, let’s head to Austin, where the city's ambitious light rail plans are caught up in a legal fight involving taxpayer money and state power. In 2020, Austin voters actually approved funding for a massive transportation project called Project Connect, which includes building a brand-new light rail system. The public made its choice clear at the ballot box.
But Texas Attorney General Ken Paxton threw a wrench into those plans. He issued a non-binding legal opinion, stating that tax revenue specifically meant for maintenance and operations can't be used to pay off debts, like the bonds that would fund the light rail. This opinion basically questioned the city's entire funding structure for Project Connect. Following Paxton's opinion, a group of Austin taxpayers sued the city in 2023, challenging the project’s funding, essentially echoing the AG’s concerns.
To get some clarity, the City of Austin and the Austin Transit Partnership (ATP), the organization overseeing the project, turned around and sued for what’s called 'declaratory judgment.' They're asking the courts to officially confirm that, yes, they *can* collect and spend these taxes for the light rail system, and that ATP *can* legally issue bonds to fund it. Paxton then tried to dismiss their lawsuit, arguing the trial court didn't even have the jurisdiction to hear the case, pushing his original legal opinion once again. When his challenge was denied, he appealed, sending the case up to the Texas Supreme Court after the 15th Court of Appeals dismissed his initial appeal. This case, set for February 10th, is about more than just trains; it's about the limits of local government financing, the power of the Attorney General to influence local projects, and whether a voter-approved initiative can move forward despite state-level legal challenges. It could redefine how major infrastructure projects get funded across Texas.
Finally, we've got a fascinating case that pits rocket science against your right to relax on the sand. You know SpaceX has a major launch facility down at Boca Chica in Brownsville. For over a decade, Texas has allowed Cameron County and the General Land Office to temporarily close Boca Chica Beach to the public so Elon Musk's company can conduct its space flight activities. Sounds pretty cool, right? But for some, it's a huge problem.
Three groups – environmental advocates Save RGV and Sierra Club, along with the Carrizo/Comecrudo Nation of Texas – aren't happy. They’ve sued Cameron County, Attorney General Paxton, and Texas Land Commissioner Dawn Buckingham. Their main argument? That the state law allowing these beach closures violates your constitutional right to public beach access. The Texas Constitution has a clear provision guaranteeing public access to the state's beaches, and these groups say that temporary closures, especially frequent ones for a private company, infringe on that fundamental right.
This isn't SpaceX's first rodeo with legal challenges in Texas. The company has faced other lawsuits, including over alleged environmental hazards from its rocket launches, like discharging industrial wastewater. While some of those specific environmental cases have been dropped or dismissed due to new permits or legal technicalities, this current lawsuit at the Supreme Court is different. It’s a direct constitutional challenge to the state's power to limit public access to a beach for private commercial use. The court’s decision on March 5th could set a significant precedent about public land use, environmental considerations, and the balance between supporting cutting-edge industry and protecting long-established public rights in our state.
So, there you have it. This year at the Texas Supreme Court isn't just about abstract legal theories. These cases are about real-world consequences, touching everything from your health and recreational rights to business regulations and how your tax dollars are spent. Keep an eye on these decisions; they're going to shape Texas for years to come. It’s a powerful court, and what they say really matters.
Original source: Politics – Houston Public Media.
