Tag: U.S. Supreme Court

Judicial Doctrine of Irreparable Harm

By Paul Gable Buried in a decision yesterday in which the U.S. Supreme Court allowed a restrictive Texas abortion law to be enforced, while the constitutionality of the law is decided, is the concept of irreparable harm to states. Specifically, the concept is stated from a 2013 Supreme Court decision […]

Flow Control Ruled Unconstitutional

A recent decision in a Texas federal court room may have large ramifications for a government established monopoly flow control law in Horry County. A federal judge in Texas ruled earlier this week that a similar Dallas flow control ordinance violates the U.S. Constitution.

The court finds that, despite the city’s proffered justifications, the evidence demonstrates that it implemented the flow control ordinance to raise revenue to advance its economic and proprietary interests…,” the judge wrote in his opinion. “This is an unreasonable exercise of its police powers.”

The virtually identical flow control ordinance in Horry County is currently being challenged in Florence federal district court.