There may not have been involvement of the city attorney, but let's be honest - do you really think there would have been a need to forge signatures on an anti-gay petition in 1985? An anti-affirmative action petition in 1992?
I think that's where there lies a real difference in this petition - the petition was saturated with obvious forgeries that any person off the street could easily see. The petitioners fought for a jury trial, which was extremely unusual in an election law case. They got what they asked for and the jury smacked them down over the forgeries and other defects. They appealed and asked for an expedited appeal, and the 14th COA told them no. Now they are using a politically charged SCOTX and legal technicalities to get around their failings. You, as an attorney, should clearly see their actions have bad faith written all over them.
And again, anyone who think SCOTX isn't playing politics with this is kidding themselves. "We smacked down the evil lesbian mayor" is going to play VERY WELL to the base in next year's primary.
I see people post time and again, "If you're so confident you'll win, why not just put it on the ballot to begin with?" The answer to that question is first that it's not how the normal lawmaking process has worked in Houston for at least the last 102 years, and I don't think we should just put something on the ballot anytime someone submits a forged petition, regardless of the subject matter. I posed the question to a Council member who supports the petitioners, "If someone submits a forged petition to recall you or any other Council member, should we simply accept it at face value and put it to a vote?" He said, "I'm not going to answer that."
As for the "She certified it" argument, that comes down to how SCOTX parsed the position and definition of a single word in her memo, and there are clear differences in opinion from legal folks all over the place as to whether or not her memo constituted an outright certification, a conditional certification, or neither. Nonetheless, SCOTX chose to use a definition and interpretation of the first of those.