Mandamus – Laches, even for election cases

A challenge to the Governor’s extension of the early-voting period, brought as an original proceeding in the supreme court, failed for procedural reasons: “Relators delayed in challenging the Governor’s July 27 proclamation for more than ten weeks after it was issued. They have not sought relief first in the lower courts that would have allowed a careful, thorough consideration of their arguments regarding the Act’s scope and constitutionality. Those arguments affect not only the impending election process but also implicate the Governor’s authority under the Act for the many other actions he has taken over the past six months. Relators’ delay precludes the consideration their claims require.” In re Hotze, No. 20-0739 (Oct. 7, 2020).

SCORTX podcast episodes. Yes, SCORTX!

While you are looking forward towards the Texas Supreme Court’s term starting up, you can look backwards at the work of the Supreme Court of the Republic of Texas in two episodes of my “Coale Mind” podcast:

The Liberty to Sell a Slave reviews an 1843 opinion that invalidated the sale of a slave because of (seriously) economic duress in the transaction, and —

The Case of the Missing Mule reviews another 1843 opinion, this time about the theft of Mr. Herbert’s mule by a Comanche raiding party, and considers how the principles in it helped shape the U.S. Supreme Court’s recent opinion about whether much of Eastern Oklahoma is an Indian reservation.

I have a podcast!

Please check out my new podcast, Coale Mind, where once a week I talk about constitutional and other legal issues of the day. This forum lets me get into more detail than other media appearances, while also approaching issue from a less technical perspective than blogging and other professional writing. I hope you enjoy it and choose to subscribe! Available on Spotify, Apple, and other such services.