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POOL v. CITY OF HOUSTON

No. 19-20828.

978 F.3d 307 (2020)

Joe Richard POOL, III; Trenton Donn Pool; Accelevate2020, L.L.C., Plaintiffs-Appellants, v. CITY OF HOUSTON; Anna Russell, in her official capacity as the City Secretary of the City of Houston, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed October 23, 2020.

Attorney(s) appearing for the Case

Jerad Wayne Najvar, Esq. , Austin M.B. Whatley, Najvar Law Firm, P.L.L.C., Houston, TX, for Plaintiffs-Appellants.

Collyn Ann Peddie , Suzanne Reddell Chauvin, Esq. , City of Houston, Legal Department, Houston, TX, for Defendants Appellees.

Before Graves, Costa, and Engelhardt, Circuit Judges.

It is often said that courts "strike down" laws when ruling them unconstitutional. That's not quite right. See Jonathan F. Mitchell, The Writ-of-Erasure Fallacy, 104 VA. L. REV. 933, 936 (2018). Courts hold laws unenforceable; they do not erase them. Id. Many laws that are plainly unconstitutional remain...

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