Texas Insider Report: AUSTIN Texas Attorney General Ken Paxtons office strongly urged the U.S. Court of Appeals for the 5th Circuit today to demand consistency between the 5th Circuits prior foster care ruling from October 2018 and the U.S. District Courts modified injunction from November 2018.
The state argues that the district court failed to strictly follow the 5th Circuits directive to modify the January 2018 permanent injunction to make it consistent with the 5th Circuit panels ruling. As explained by the state in its supplemental post-remand briefing and in todays oral argument the modified injunction includes new remedial provisions that were not authorized or contemplated by the panel ruling and effectively reinstates provisions that the panel ruling vacated. The district courts failure to obey the 5th Circuits direction may create unnecessary administrative burdens for caseworkers prohibit the efficient use of certain specialized caseworkers and inhibit caseworkers ability to provide proper and necessary care to Texas children.
In October the 5th Circuit reversed several of the district courts liability rulings and held that the district courts sweeping permanent injunction far exceeded permissible limits" Attorney General Paxton said. In modifying the injunction the district court has again overreached. The improper provisions ordered by an unelected federal judge are not only impractical they are actually harmful to foster care caseworkers and the children they care for each day. I am confident that the 5th Circuit will agree."
Several of the district courts foster care remedies were invalidated by the 5th Circuit in its October 2018 panel decision partially affirming and partially reversing the permanent injunction. The states arguments today urged the 5th Circuit to require adherence to that prior ruling and to vacate or modify a number of unauthorized provisions in the modified injunction.
