Days after Texas voters removed all three Republican justices from the 15th Court of Appeals in the Tuesday election, the court announced it would cancel oral arguments for four pending cases. Lawyers were told the matters will be reset “at a later date,” allowing the incoming Democratic judges to take over.

Hemp‑derived THC regulations in limbo

The postponed case includes a challenge to state rules that heavily restrict the sale of hemp‑derived products containing THC. The regulations, set to take effect at the end of March, require child‑resistant packaging, new labeling, testing, bookkeeping, and raise licensing fees dramatically. Fees for manufacturers jumped from $258 to $10,000 per facility, and retail registration fees rose from $155 to $5,000. The Texas Department of State Health Services also codified a legal purchasing age of 21.

Industry leaders argue the steep fees effectively ban many businesses, forcing them to close. When the rules were first implemented, smoke shops briefly removed the products from shelves. A Travis County district judge temporarily blocked the rules on April 10 while the hemp industry lawsuit proceeds.

Judicial transition drives delay

The 15th Court of Appeals, which has statewide jurisdiction over challenges to state laws and regulations, had scheduled oral arguments for Dec. 8. Justice Scott Field told Bloomberg Law the court would not waste attorneys’ time with arguments that might be revisited by the new bench.

“We know we can’t get the opinion out for cases orally argued before the end of the year, so we don’t want to waste the lawyers’ time with an argument if there’s a chance the new court will also want to hear argument,” Field said.

There are 39 cases before the outgoing justices that have already presented oral or written arguments and are awaiting opinions.

Other cases also postponed

Oral arguments set for Dec. 8 and 9 were also cancelled in three additional matters:

• The State of Texas vs. Sunrise Community Church Inc., a dispute over a homeless shelter in South Austin, where the attorney general’s office claims the shelter’s proximity to an elementary school creates a public nuisance.
• Comptroller Don Huffines and Attorney General Ken Paxton vs. the City of Lancaster, concerning roughly $3 million in sales‑tax disputes.
• Huffines and Paxton vs. Dave & Buster’s, a lawsuit seeking to recover $2.58 million the company believes qualifies for tax exemptions.

The postponements give the newly seated Democratic justices, who will assume office in early January, the opportunity to review these significant regulatory and fiscal issues.

Original reporting: Texas Tribune (HLL/CB) — read the source article.