Tex. v. Travis Cnty.
Opinion of the Court
On May 7, 2017, Texas Governor Greg Abbott signed into law Senate Bill 4 ("SB 4"). SB 4 curbs "sanctuary city" policies by requiring Texas law enforcement agencies to "comply with, honor, and fulfill" federal immigration detainer requests,
SB 4's enactment triggered a flurry of lawsuits. Relevant to this appeal, hours after the bill was approved by Governor Abbott, Texas and its Attorney General Ken Paxton (collectively, "Texas" or "the state") filed suit in the Austin division of the Western District of Texas seeking a *811declaratory judgment under
Defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), arguing that Texas lacked Article III standing and was seeking an impermissible advisory opinion. Texas amended its complaint as of right on May 31, adding other local-entity and non-profit defendants as well as claims for declaratory relief based on the First Amendment to the United States Constitution and provisions of the Texas Constitution. Defendants renewed their 12(b)(1) challenges.
On August 8, 2017, the district court dismissed Texas's complaint, finding that Texas lacked Article III standing to seek a declaratory judgment on the constitutionality of a statute before the law had become effective. The district court noted that "[t]o hold otherwise would be to 'open a Pandora's box and invite every local government to seek a court's judicial blessing' on a law prior to it taking effect." Texas timely appealed.
A district court's dismissal for lack of subject-matter jurisdiction under Rule 12(b)(1) is subject to de novo review. Ballew v. Cont'l Airlines, Inc. ,
Before resolving Article III standing disputes, we must determine whether the district court possessed "jurisdiction conferred by statute." See Stockman v. Fed. Election Comm'n ,
*812Our analysis of § 1331 begins and ends with Franchise Tax Board of the State of California v. Construction Laborers Vacation Trust for Southern California ,
The Court found that the agency's jurisdictional challenge reduced to "whether a federal district court could take [original] jurisdiction of appellant's declaratory judgment claim had it been brought under
States are not significantly prejudiced by an inability to come to federal court for a declaratory judgment in advance of a possible injunctive suit by a person subject to federal regulation. They have a variety of means by which they can enforce their own laws in their own courts, and they do not suffer if the preemption questions such enforcement may raise are tested there.
Franchise Tax Board ,
Franchise Tax Board therefore reinforces comity among federal and state courts and mandates dismissing Texas's declaratory relief action. See Republican Party of Guam v. Gutierrez ,
Consequently, we AFFIRM the district court's dismissal. Because we find that the district court lacked federal-question jurisdiction under § 1331, we need not reach the district court's Article III standing analysis.
As to the merits issues, other cases overtook this one. The day after Texas filed this lawsuit, the city of El Cenizo sued Texas in the San Antonio division of the Western District of Texas. El Cenizo sought to enjoin SB 4's enforcement. El Paso County and the city of San Antonio also sued in the San Antonio division. The three cases were consolidated, and four more local entities (Austin, Travis County, the city of Dallas, and the city of Houston) joined the consolidated action as plaintiffs-intervenors. On June 8, 2017, Texas moved to transfer the consolidated action from the San Antonio division to the Austin division. The transfer motion was denied without prejudice pending the Austin division's decision on Article III standing. In the consolidated action in the San Antonio division, extensive litigation on the local entities' injunction motions followed. See generally City of El Cenizo ,
In the proceedings below, defendants did not contest federal-question jurisdiction and focused on Article III standing. Commendably, whether Franchise Tax Board precludes federal-question jurisdiction here was first presented on appeal by Texas in its opening brief. This court's resolution of federal-question jurisdiction is appropriate because "every federal appellate court has a special obligation to satisfy itself not only of its own jurisdiction, but also that of the lower courts." Steel Co. v. Citizens for a Better Envm't ,
Reference
- Full Case Name
- TEXAS Ken Paxton, in His Official Capacity as Texas Attorney General v. TRAVIS COUNTY, TEXAS Sally Hernandez, in Her Official Capacity as Sheriff of Travis County, Texas City of Austin, Texas Ora Houston, in Her Official Capacity as City Council Member of the City of Austin, Texas Delia Garza, in Her Official Capacity as City Council Member of the City of Austin, Texas Sabino Renteria, in His Official Capacity as City Council Member of the City of Austin, Texas Gregorio Casar, in His Official Capacity as City Council Member of the City of Austin, Texas Ann Kitchen, in Her Official Capacity as City Council Member of the City of Austin, Texas Jimmy Flannigan, in His Official Capacity as City Council Member of the City of Austin, Texas Leslie Pool, in Her Official Capacity as City Council Member of the City of Austin, Texas Ellen Troxclair, in Her Official Capacity as City Council Member of the City of Austin, Texas Kathie Tovo, in Her Official Capacity as City Council Member of the City of Austin, Texas Alison Alter, in Her Official Capacity as City Council Member of the City of Austin, Texas Steve Adler, in His Official Capacity as Mayor of the City of Austin, Texas Elaine Hart, in Her Official Capacity as Interim City Manager of the City of Austin, Texas El Paso County, Texas Richard Wiles, in His Official Capacity as Sheriff of El Paso County, Texas City of El Cenizo, Texas Raul L. Reyes, in His Official Capacity as Mayor of El Cenizo, Texas Maverick County, Texas Tom Schmerber, in His Official Capacity as Sheriff of Maverick County, Texas Mario A. Hernandez, in His Official Capacity as Constable Precinct 3-1 of Maverick County, Texas Texas Organizing Project Education Fund League of United Latin American Citizens
- Cited By
- 22 cases
- Status
- Published