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"State loses attempt to argue anew for sex toy ban"

"State loses attempt to argue anew for sex toy ban": The Associated Press provides a report from Texas that begins, "A federal appeals court turned down Attorney General Greg Abbott's attempt to reinstate a ban on the sale and marketing of sex toys Friday, upholding its previous ruling that the prohibition violated Texans' right to privacy."

A total of seven judges noted their dissent from the Fifth Circuit's order denying rehearing en banc. An eighth active judge, Circuit Judge Rhesa Hawkins Barksdale, had dissented in relevant part from the original three-judge panel's ruling, but he did not note his dissent from today's denial of rehearing en banc. In any event, because the Fifth Circuit has seventeen active judges, nine votes were necessary to grant rehearing en banc, assuming no recusals.

My earlier coverage of the three-judge panel's ruling in this case appears here and here.

Full post as published by How Appealing on August 01, 2008 (boomark / email).