This comes up in the federal Razor Wire Barrier cases. Gov. Abbott, and his AG (and outside lawyers) feel so put upon by federal law. . . that they demanded trial by a jury. [Hoping to catch a suitably prejudiced local Del Rio panel, I guess.]
There is just one problem -- it is NOT a right granted to the State, in a civil matter. . . in the federal courts, where another governmental agency is the opponent. Sit down, boys.
. . .[State of Texas AG Paxton] moved to “Place Case on Jury Docket.” ECF 123 (June 21, 2024). Plaintiff, the United States, opposes. The Court should deny the motion for one or both reasons below:
1. There is no “jury docket” in this Court. There is a civil, and a criminal. . . docket. As the caption above communicates, this case was placed on the civil docket last year. The additional thing Defendants desire access to does not exist here. Thus, their motion is simultaneously moot, and futile. [In general States don't possess, in a civil matter, the right to a jury trial.]
2. The United States has separately moved to strike Defendants’ jury demand and deny their advisory jury request. ECF 125 (June 21, 2024). That relief should be granted for reasons explained in the pertinent parts of that motion. Id. at 1, 5, 16-20. Rulings granting that relief would be a further basis to deny this motion if one were needed. . . .
As I say -- this is what decades of underfunding real public education looks like. [Texas runs a single state-wide school district, largely so that no textbook can be used in any public school (unless cleared by hard-right conservative x-ian flacks on a panel) if it is not devoid of teachings about evolution, or the pernicious effects of slavery, or even. . . on many constitutional rights accuseds possess, nationwide. Only one published textbook is allowed, in Texas -- since the mid 1980s.]
See any Colorado or California or Illinois or New York middle school civics textbook, boys -- the truth is out there.
Out.
नमस्ते
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