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TEXAS v. GARLAND

No. 5:23-CV-034-H.

719 F.Supp.3d 521 (2024)

State of TEXAS, Plaintiff, v. Merrick GARLAND, in his official capacity as Attorney General, et al., Defendants.

United States District Court, N.D. Texas, Lubbock Division.

Signed February 27, 2024.

Attorney(s) appearing for the Case

Ethan Quinn Szumanski, Aaron Francis Reitz, Office of the Attorney General of Texas Deputy Attorney General for Legal Strategy, Austin, TX, Chance Dean Weldon, Matthew R. Miller, Robert Earl Henneke, Texas Public Policy Foundation, Austin, TX, Joseph Aaron Barnes, Sr., Kathleen T. Hunker, Ryan Daniel Walters, Office of the Texas Attorney General, Austin, TX, Susanna Dokupil, Office of the Attorney General, Special Litigation Division, Austin, TX, Leif A. Olson, Office of the Attorney General of Iowa, Des Moines, IA, Nathan Anthony Curtisi, Arizona Chamber of Commerce and Industry, Phoenix, AZ, for Plaintiffs.

Michael James Gaffney, Clayton Louis Bailey, Courtney Danielle Enlow, United States Department of Justice, Civil Division, Federal Programs Branch, Washington, DC, for Defendants.

William Edward Trachman, Pro Hac Vice, Mountain States Legal Foundation, Lakewood, CO, Kaitlyn D. Schiraldi, Pro Hac Vice, New Civil Liberties Alliance, Washington, DC, for Amicus Ten Members of Congress.

MEMORANDUM OPINION AND ORDER

For over 235 years, Congress understood the Constitution's Quorum Clause to require a majority of members of the House or Senate to be physically present to constitute the necessary quorum to pass legislation. This rule prevents a minority...

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