Texas' "request to examine" lawsuit, ever more abused by Kenny Boy Paxton, has been struck down by a federal judge as unconstitutional. The Trib links to Bloomberg Law, which cites Mark Lane's reasoning about the statute, more than a century old:
Judge Mark Lane of the Western District of Texas said his decision “wasn’t that hard” because Texas’ Request to Examine statute doesn’t expressly allow a served party to pursue pre-compliance judicial review before producing requested records. ...
Lane said the Request to Examine statute was written for another time, and that recently it has been “frankensteined” by Paxton’s office to include exceptions that don’t appear in the law. The law requires immediate production of requested records, leaving a served party no chance to seek pre-compliance judicial review. The US Supreme Court ruled in 2015 that a served party is entitled to a court’s review in Los Angeles v. Patel.
There you go.
The Trib wonders how this
will play out in state courts, vis-a-vis individuals who have no
presence outside Texas. That said, the Sixth and Eighth Amendments have
been fairly, if not totally, "federalized," so I don't think state
courts can really ignore this.
No comments:
Post a Comment