Gov. Rick Perry’s motion to dismiss filed this morning

It’s officially an “application for pretrial writ of habeas corpus”; denials of such applications can be appealed before trial, and the appeals are to be “heard at the earliest practicable time.” See, e.g., Tex. R. App. P. 31; Ex parte Taylor (Tex. Ct. Crim. App. 2002).

You can read the application here — I’ll be reading it myself soon, and hope to post more about it.

Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and tort law, at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy.
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Eugene Volokh · August 25