Once You’ve Won, Sit Down
Brian Umphress is the County Judge in Jack County, Texas. County Judge is apparently largely an executive position in Texas, though such a judge also does serves as a judge in small matters.
Judge Umphress officiates only at opposite-sex weddings, disagrees with Obergefell (the Supreme Court’s same-sex marriage decision), and “plans to run for reelection in 2022 on the platform that Obergefell was wrongly decided.” (There is no reason to think, to my knowledge, that he is refusing to comply with Obergefell in his legal rulings.) He therefore sued the Texas Commission on Judicial Conduct in federal court, seek an injunction and a declaratory judgment stating that he isn’t violate the Canons of Judicial Conduct.
U.S. District Judge Mark T. Pittman held (in an order that was slightly amended two days after being filed) that Umphress didn’t have the standing to sue the Commission, the case wasn’t ripe for decision, and the federal court should abstain given that the Canon is being challenged in a different case in state court. I in turn abstain from opining on these exciting procedural questions.
But then the Commission decided it hadn’t won enough, and filed an unopposed motion to clarify or amend Judg
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