Narrative Opinion Summary
The case involves the Texas Association of Acupuncture and Oriental Medicine challenging the Texas Board of Chiropractic Examiners' attempt to strike portions of five amicus curiae briefs. The Chiropractic Board filed a Second Motion to Strike, arguing that the briefs improperly included internet citations introducing facts outside the official record. The Appellant contends that amicus briefs are permitted to include relevant information, such as policy statements and definitions, to offer the court a comprehensive view of the issues, including potential impacts on practitioners and patients. The court supports the Appellant's position, citing precedents like Little v. Little and Little v. Tex. Dep’t of Criminal Justice, which acknowledge the contribution of amicus briefs beyond the record. Consequently, the court finds no basis for the Chiropractic Board's motion, highlighting the importance of such briefs in assisting judicial decision-making. The court is urged to deny the motion and consider any additional relief appropriate, reinforcing the role of amicus briefs in providing valuable perspectives beyond the parties' submissions.
Legal Issues Addressed
Permissibility of External Citations in Amicus Briefssubscribe to see similar legal issues
Application: The court dismisses the argument that amicus briefs must be limited to the official record, allowing citations to information that aids in the interpretation of legal issues.
Reasoning: The Chiropractic Board's argument regarding the constraints on amicus briefs lacks merit, as amici are not limited to the materials of record.
Precedent on the Inclusion of New Information in Amicus Briefssubscribe to see similar legal issues
Application: The court references prior cases where amicus briefs included new information not present in the parties' submissions, underscoring the value of such contributions.
Reasoning: The Supreme Court has accepted amicus briefs that do not conform to the record, as demonstrated in Little v. Tex. Dep’t of Criminal Justice, 148 S.W.3d 374 (Tex. 2004).
Role and Scope of Amicus Curiae Briefssubscribe to see similar legal issues
Application: The court recognizes that amicus curiae briefs may include information beyond the official record, contributing valuable perspectives to the court's understanding.
Reasoning: Amicus briefs are intended to provide the court with comprehensive relevant information, as established in Little v. Little, 576 S.W.2d 493 (Tex. Civ. App.—San Antonio 1979).