Jenner & Block filed an amicus temporary in Travis County, Texas in Doe v. Abbott on behalf of Professor Ron Beal, a Texas administrative legislation professional, in assist of the plaintiffs’ software for a brief injunction and as a part of our professional bono work with Lambda Authorized and the ACLU to defend transgender youth rights.
Within the temporary, the plaintiffs challenged the choice of the Texas Division of Household and Protecting Companies (DFPS) to observe the directive of Governor Abbott to analyze gender-affirming take care of transgender minors as “youngster abuse” below the Texas Household Code pursuant to a non-binding opinion issued by Lawyer Common Paxton.
Professor Beal argued that the DFPS resolution to implement the Lawyer Common’s novel interpretation of the Texas Household Code in conducting abuse and neglect investigations exceeded the company’s statutory authority. The Texas Legislature beforehand thought-about and declined to amend the definition of “youngster abuse” below the Household Code to incorporate medical procedures recognized within the Lawyer Common’s opinion, and neither DFPS nor its commissioner had the authority to broaden the definition of “youngster abuse” below Texas legislation. The temporary additionally defined that, even when DFPS and its commissioner had the authority to implement an expanded definition of “youngster abuse,” that the motion constituted an interpretive rule, which didn’t adjust to the obligatory discover, remark, and justification procedures below the Texas Administrative Procedures Act.
Particular Counsel Benjamin T. Halbig and Affiliate Reanne Zheng took the lead in authoring the temporary, supervised by Accomplice Clifford W. Berlow. Companions Adam G. Unikowsky, Mark Davis, and Laurie Edelstein; Associates Steven Tinetti and Chasel Lee; Professional Bono Counsel Nura Maznavi; and Junior Paralegal Grace Liberman assisted.