United States Fifth Circuit

The district court erred when it granted a preliminary injunction against the enforcement of the Texas Legislature's restriction on the distribution of federal family planning funds since the court improperly determined that the state legislation was likely preempted by federal spending statutes.

Appellate Information

• Decided 03/14/2005
• Published 03/14/2005

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Paul Benjamin Linton, Northbrook, IL, Kelly J. Shackelford, Liberty Legal Institute, Plano, TX, for Amici Curiae.


• For Appellees:
  
• Roger K. Evans (argued), Planned Parenthood Fed. of America, New York City, Peter Drew Kennedy, Graves, Dougherty, Hearon & Moody, Austin, TX, for Plaintiffs-Appellees., R. Ted Cruz (argued), Lara Grant, Austin, TX, for Defendant-Appellant.