As reported previously in the Legislative Update, the ongoing lawsuit commonly referred to as “TOMA II” is now at the U.S. Supreme Court.  (TOMA II is the second challenge brought by several city councilmembers who claim that the criminal closed meeting provision of the Texas Open Meetings Act unconstitutionally infringes upon their right to freedom of speech.)

The city official plaintiffs filed their petition in December, and the Texas solicitor general (who represents the State of Texas) waived his right to respond.  TML, along with the National League of Cities, filed an amicus brief in support of the plaintiffs’ petition.  (The brief is available here.) Subsequent to that filing, the Court directed the solicitor general to file a response by February 22.

Whether the Court’s request for a response indicates that it has an interest in the case remains to be seen, but it is generally considered favorable for plaintiffs.  Updates will be provided as they become available. 

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Texas Municipal League.

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