Here’s the voucher proposal

Here it is. Get ready to be sick of the whole debate by the end of the session.

The Texas Senate revealed a bill on Friday to create an education savings accounts program, a top priority for Gov. Greg Abbott and top lawmakers after a similar bill failed to pass last legislative session.

The bill, co-authored by Sen. Brandon Creighton, a Republican from Conroe who chairs the Senate Education Committee, would provide families with $10,000 a year per student in taxpayer dollars to fund their children’s tuition at an accredited private school and additional expenses like textbooks, transportation and therapy. The legislation would provide $11,500 per student for children with disabilities. It also would provide at least $2,000 a year per student for home-schooling families who participate in the program.

“Texas families are rejecting the status quo and calling for an education system that prioritizes their children’s success. Senate Bill 2 places parents at the center of their child’s education, empowering them with the freedom to choose the educational path that works best for their families,” Creighton said in a statement.

School vouchers, also referred to as “school choice” programs, use taxpayer money to help families pay for their children’s private schooling. Education savings accounts are a voucher-like program that allows families to draw funds from a state-managed account to pay for private school tuition and other education-related expenses.

Any child attending a public school or enrolled in a public school’s pre-K program could apply to the program. Gov. Greg Abbott, the state’s top school voucher advocate, has previously called for any voucher proposal to have universal eligibility. The bill would prioritize students in low-income households and children with disabilities if demand for the savings accounts exceeds the funding available.

Organizations helping administer the program would have to notify parents that private schools do not have to follow federal and state laws regarding special education that public schools must abide by, such as the Individuals with Disabilities Education Act, or IDEA.

The bill also has a provision to address potential misuse of funds. It directs the state to refer to local authorities any organizations or individuals helping administer the program or participating in it who use the funds in ways not allowed. Approved expenses include private school tuition, training for an industry-based certification, tutoring and instructional materials.

The bill does not require participants to take the same state standardized tests issued to public school students annually, which some voucher opponents and school officials have said creates an unfair playing field. It does require that students take a nationally-recognized exam.

[…]

Chandra Villanueva, director of policy and advocacy at Every Texan, which opposes vouchers, said she doesn’t think the bill’s prioritizing of low-income students or children with disabilities if demand for the program exceeds funding will have that much of an impact.

“Most low-income families won’t be able to afford the tuition gap for a private school, or they’ll be sending their kids to a lower quality school because they market themselves as private but don’t really offer anything above and beyond what a public education would,” she said.

Villanueva added she doesn’t think the bill will help special education students much either, given a relatively small number of private schools in the state specializing in serving students with disabilities.

I’m not going to get into a policy debate here, we know that the point of vouchers is to divert tons of money to mostly Christian schools, weakening public education along the way. There is one thing I want to hone in on here, and that is who is eligible to get that money to send their kids to private schools. The story makes it sound like it’s only open to the 5.5 million kids currently in public schools, but that doesn’t make sense. It’s always been my view that the main beneficiaries of vouchers will be people who currently have kids in private schools. It’s supposed to be a giveaway to this significant part of the Republican voter base.

So I read the text of the bill, and sure enough:

Sec. 29.355. ELIGIBLE CHILD. (a) A child is eligible to participate in the program if the child is eligible to:
(1) attend a public school under Section 25.001; or
(2) enroll in a public school’s prekindergarten program under Section 29.153.

Section 25.001 just says that any kid between the ages of five and 21 on September 1 of a school year is eligible to attend a public school, and thus eligible to get a voucher. So yeah, every kid now at Kinkaid or Hockaday can tap into this as well. The first 100K who apply can, anyway. Get ready for a gold rush, because once this is signed it will be on.

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I sure hope these are the only cases we see

Stay away, measles.

The Houston Health Department said [last] Friday it has identified two cases of measles in adults who’ve recently traveled internationally, the first cases in Houston since 2018.

The adults live in the same household, and it’s unknown whether they’re up to date on the vaccine that protects against measles, mumps and rubella, the health department said.

Health officials are still investigating and performing contact tracing to identify anyone else who may have been exposed, the health department said.

“Measles is a serious but entirely preventable disease,” Dr. David Persse, the health authority for the city of Houston, said in a news release. “Vaccination is the best tool we have to protect individuals and the broader community from this highly contagious illness. Ensuring your immunizations are up to date is critical, especially in light of these recent cases.”

The health department said it will provide information about any locations, dates and times where anyone might have been exposed to measles on its website.

[…]

One in five unvaccinated people who are infected will need to be hospitalized, and one in 20 children will develop pneumonia, according to the CDC. In rare cases it can cause encephalitis, an inflammation of the brain that can lead to convulsions that could cause deafness or an intellectual disability.

“It’s not just a fever and a rash,” said Dr. Sapna Singh, the chief medical officer of Texas Children’s Pediatrics. “There are significant complications, including the need for hospitalization.”

Sure hope the isolation prevents any further spread. I’ve been thinking I should see about getting boosters for the vaccines I got in childhood, just in case. Just feels like there’s less margin for error these days.

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Would you buy electricity from this man?

Man, 2025 is on one.

Enron, or the satire-infused Frankenstein version of the long-deceased company, filed an application with state regulators Tuesday to become Texas’ newest retail electric provider.

It’s yet another eyebrow-raising move by 28-year-old CEO Connor Gaydos, one of the pranksters behind “Birds Aren’t Real,” who recently unveiled the Enron Egg, a product he described as a “micro-nuclear reactor.”

The egg, he said, would be available for consumers at the low price of $10,000 and is capable of powering a home for up to ten years, a feat supposedly made possible through the power of a substance he called “Enronium.” Gaydos has repeatedly said on social media that, despite the public labeling it a parody, the Enron Egg is a real product — a claim that one nuclear expert said was physically impossible.

But Gaydos told the Houston Chronicle in an interview that the public would soon see the genius within the egg.

“Hope you guys like eggs because you’re about to see a lot of it,” he said. “I’m going to go to our factory and give some select guests a tour. I’m going to be doing a lot of interviews. I hope people can take this seriously.”

[…]

Fictitious materials and outlandish claims aside, Tuesday’s filing with the Public Utility Commission of Texas marks a potentially serious departure from what, so far, has been a very silly saga. The filing includes sworn and notarized affidavits from a man named Gregory Forero, who was identified in the documents as the vice president of Enron Texas Energy LLC.

Public records indicated that Enron Texas Energy LLC was formed in December 2024.

Forero, according to a resume included in Enron’s application, has extensive experience in the energy sector, holding previous positions at TXU Energy, Constellation Energy and the Williams Companies. He is currently the founder and CEO of HGP Storage, a company developing utility-scale battery storage farms, a resource that has proliferated on the Texas grid in recent years.

Forero has worked in the energy sector since 1998, comfortably fulfilling the managerial experience requirement necessary to apply for a retail electric provider certification. On its application, Enron cites a Dallas address as its primary business office address, the same address listed on HGP Storage’s website.

An Enron spokesperson confirmed that Forero is now working for the company, and Forero himself told the Houston Business Journal he is now working with Gaydos.

Kudos for making use of that dumb egg, I guess. I suppose this at least gives some clue to the question of who’s been paying for all this foolishness, but it doesn’t give me any confidence about their ability to pivot to an actual business. Again, though, I may be the idiot here. Who knows?

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State Bar to drop its lawsuit against Paxton

Welp.

Still a crook any way you look

The State Bar of Texas on Wednesday moved to drop its lawsuit against Attorney General Ken Paxton for his attempt to overturn the results of the 2020 presidential election, extending a cascade of legal and political wins for the once-embattled Republican leader.

In a court filing, lawyers with the bar’s Commission for Lawyer Discipline asked the Texas Supreme Court to dismiss the suit, citing the high court’s December decision to toss a separate state bar lawsuit against Paxton’s top aide, Brent Webster, for working with Paxton to challenge the 2020 outcome in battleground states won by Democrat Joe Biden.

The state bar had sought to sanction Paxton, which could have carried a punishment ranging from a private reprimand to disbarment. Lawyers from the bar — which regulates law licenses in Texas — have argued that Paxton, in falsely claiming to have uncovered major evidence of election wrongdoing, forced the battleground states “to expend time, money, and resources to respond to the misrepresentations and false statements.”

The bar’s dismissal motion effectively ends a case that dates back to May 2022. It is Paxton’s second major legal victory within the last year: In March, prosecutors dropped long-running felony securities fraud charges against Paxton under an agreement that required the attorney general to perform 100 hours of community service and take 15 hours of legal ethics courses. Paxton also agreed to pay around $271,000 in restitution to those he was accused of defrauding more than a decade ago when he allegedly solicited investors in a McKinney technology company without disclosing that the firm was paying him to promote its stock.

See here for the previous update. I can’t say I’m surprised. Hugely disappointed but not surprised. The lesson here is clear: Having friends in high places is better and more productive than living a virtuous life. Accountability is for suckers. Texas Public Radio has more.

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GLO contests the allegations on their Harvey screw job

Going through the motions here, since we all know that Justice Department investigation will never happen.

Land Commissioner Dawn Buckingham has penned a letter to federal law enforcement officials encouraging them to reject “unsubstantiated findings” submitted by the U.S. Department of Housing and Urban Development that accuse the Texas General Land Office of mishandling Houston’s Harvey flood mitigation dollars.

HUD escalated a complaint to the U.S. Department of Justice last week, claiming state officials had violated the Fair Housing Act by discriminating against the city’s Black and Hispanic residents by creating an unfair competition for disaster relief funds.

The federal agency found that the land office had “intentionally discriminated based on race” by creating a competition to allocate funds “that steered money away from Black and Hispanic communities that had the highest storm and flood risk into whiter, more rural areas with less risk.”

That competition resulted in no funds set aside for Houston or Harris County.

HUD had originally upheld its discrimination ruling in 2022, but the Justice Department said it would hold off on considering the matter until HUD completed its investigation. Since making that initial finding, HUD said it obtained more information that showed state officials had intentionally allocated mitigation funds in a way the agency knew would disadvantage minority communities.

Buckingham, in a Thursday news release, said that the Biden administration had lost its “bully pulpit it used for political stunts like this” as President Donald Trump took office Monday, and she called on the Justice Department to refer to the claim as “fake news.”

Trump’s new Justice Department leadership has said the agency would not take on any new civil rights cases until further notice, the Associated Press revealed yesterday.

[…]

When Houston and Harris County initially received no funding from the land office through its process, the Northeast Action Collective, a grassroots group made up of residents impacted by the storm, and the nonprofit Texas Housers, which advocated for safe housing for low-income families, filed a complaint with HUD.

Ben Hirsch, facilitator for Northeast Action Collective, said the land office was playing a political game over protecting people in Texas who face flood risks.

Hirsch noted that federal officials at the Justice Department never said that HUD’s findings were “fake news,” as Buckingham claimed Thursday. HUD’s investigation showed that 600,000 Black and Hispanic residents in Houston and Harris County ended up going without the funding they needed, Texas Housers research director Ben Martin said.

A total of around 1 million high-risk Texans of all races also did not receive adequate funds, Martin added, which is a “scandal.”

See here for the previous update. I’m sure Commissioner Buckingham is aware that the fix is in for her and the GLO, so her whining is just for show. At least we got Beryl funds without any meddling from the state. That’s going to be as good as it gets for the time being. I wish I had something better to say.

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HISD addresses the “ICE in schools” issue

From the inbox.

Dear HISD Community,

Many of our staff are receiving questions about how HISD manages state and federal law enforcement agencies on our campuses. We want to assure you that our policies have not changed, and they align with Houston ISD’s mission to provide a safe and nurturing learning environment for all students.

As always, HISD educates all students registered to attend our campuses, and nothing about the registration process for students has changed.

All student information is protected by federal law, specifically, the Family Education Rights and Privacy Act (FERPA). This law prohibits the dissemination of student information and or records, without a lawful subpoena/warrant or permission from the student’s parents except in specific circumstances. HISD cannot and will not release any student records or information unless the FERPA requirements are met.

We have also not changed any of our policies related to law enforcement activity on our campuses. School administrators and front office staff are trained in engagement with law enforcement to ensure that student rights and information are protected, and any law enforcement action is managed by HISD Legal Services. Law enforcement is only granted access to students or student information when HISD Legal Services has verified that all required steps have been taken, and the law enforcement action does not violate any of the federal privacy protection afforded students and their records. We will update you if there are any required changes because of modifications to federal or state law.

As always, HISD is committed to educating every child who walks through our doors. We appreciate your continued support and partnership.

That’s going to be an issue for every school district and charter school everywhere now, and it has the potential to be very ugly. We’ll just see how this plays out, because we just don’t know yet how often this situation may arise or how aggressive the cops in question may be.

In the meantime:

A group of Texas lawmakers on Thursday urged education officials to issue “clear and detailed guidance” to school districts on how to prepare for federal immigration enforcement after the Trump administration eliminated a policy that long prevented officers from making arrests on school grounds.

The Mexican American Legislative Caucus sent a letter to Texas Education Agency Commissioner Mike Morath calling on the department to provide direction to school districts on protecting student records, establishing procedures for interacting with immigration authorities and providing mental health resources for anxious and fearful students.

The prospect of U.S. Immigration and Customs Enforcement officers “entering classrooms to detain and remove students presents an unimaginable threat to Texas children’s physical safety, emotional wellbeing, and ability to learn,” the lawmakers’ letter says. “It is imperative that the TEA act swiftly to protect the integrity of our educational institutions and the wellbeing of our students by ensuring that Texas schools are fully informed of their rights and responsibilities when faced with federal immigration enforcement actions.”

[…]

Lawmakers sent the letter days after the Tribune reported on how several Texas school districts are taking a cautious, “wait and see” approach to the Trump administration’s mass deportation plans, citing concern about potentially causing panic among their communities and disrupting students’ education.

Although the Trump administration has now rolled the sensitive locations policy back, two long-standing federal protections remain in place: the U.S. Supreme Court’s Plyler v. Doe ruling and the Family Educational Rights and Privacy Act, or FERPA. Those protections override any policy memo that immigration officers follow, according to New York-based immigration rights attorney Brad Bernstein.

Plyler makes clear that states cannot deny a child an education based on their citizenship status or take actions that would discourage them from enrolling in school — like conducting immigration enforcement activities on campus. FERPA ensures that schools can protect children’s personal information in student records, requiring them to receive written consent or a court order before they can release private information. Schools also cannot ask students about their immigration status.

Immigration rights advocates and attorneys recently told the Tribune that school districts should have robust plans in place in case immigration officers show up on their campuses. They advise that those plans should include guidance on how to interact with officers and what to do if a child’s parent does not show up to pick them up from school, presumably because of an immigration-related arrest.

Several school districts told the Tribune they planned to consult with their district’s legal counsel before making any decisions about whether to allow immigration enforcement to occur at their schools. They also said they planned to prioritize student safety.

You can see the letter here. It would have been nice to get everyone’s signature on it, but this was clearly put together in a hurry, so that probably limited the number of signers. I’ll be very interested to see how Mike Morath responds. It also won’t surprise me if we get some bills introduced that would chip away at or try to evade altogether those federal protections. I don’t know that they’d get anywhere, but you know how that sort of thing goes – no wingnut idea ever truly dies at this place.

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This time the power stayed on

The weather cooperated by not being as bad as it could have been.

Most Houston-area residents woke up to two delights Tuesday morning: an unusually thick blanket of snow, and the power thankfully still on.

It was a sharp contrast to the last time the region saw measurable amounts of snowfall four years ago, when many awoke in frigid homes to outages that lasted days. Hundreds died statewide. So what’s different?

Since the infamous 2021 freeze, and Hurricane Beryl more recently, the Texas power grid operator and Houston’s local electric utilities have embarked upon a number of initiatives to harden grid infrastructure against extreme weather, bolster backup resources and improve their communications to the public.

A critical factor for the lack of mass outages this week, however, is the lack of more extreme winter weather. Though freezing, temperatures this time around were not nearly as cold for nearly as long as in 2021, easing pressure on the Electric Reliability Council of Texas, the grid operator for most of the state.

And, to the joy of many first-time sledders and snowball fighters in Houston, this week’s storm brought mostly snow and sleet instead of freezing rain. That’s fortuitous for CenterPoint Energy, the company that owns most of the power lines and poles in the Houston area, as freezing rain accumulating as ice on tree limbs and power lines could’ve triggered more severe outages if those conditions had occurred.

“Snowfall is just a much easier test than ice is for the distribution system. It’s not a true test of what Mother Nature can throw at us, so it shouldn’t make us complacent,” said Joshua Rhodes, a University of Texas at Austin research scientist specializing in the power grid.

Mighty nice of Mother Nature to just dump snow on us, and to let the temps get up above freezing even on Tuesday. I think we’re all stiff suffering from Winter Storm Uri PTSD. I wouldn’t bet on us always getting this lucky, but for this time around, I’ll take it. The bad news is that the death toll now stands at four, but one hopes that’s the end of it. Everything is more or less back to normal today, and we’ll have temps in the 60s over the weekend. How did you do this week?

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TEC drops ethics complaint against state GOP Chair

Boy that was fast.

Rep. Cody Harris

The Texas Ethics Commission has dismissed a complaint against the state Republican Party Chair alleging that he illegally threatened and intimidated lawmakers over their support for a House speaker candidate, according to the state House Member who filed the complaint.

Rep. Cody Harris, R-Palestine, told The Texas Tribune on Tuesday that the commission dismissed the complaint against Texas GOP Chair Abraham George because they did not believe they had the jurisdiction to give an opinion.

The complaint highlights an intense and ongoing civil war between the Texas GOP’s far-right wing and its more establishment, but still deeply conservative, flank. That acrimony exploded late last year after a majority of House Republicans voted to support Mansfield Republican Rep. David Cook’s bid for House speaker. The same day, Rep. Dustin Burrows, R-Lubbock, announced that he had enough bipartisan support in the 150-member chamber to win a majority. He was elected speaker last week.

Burrows’ defiance immediately prompted a pressure campaign from the Texas GOP. In the lead-up to the official House vote last week, the party and George vowed to send negative mailers about Burrows supporters into their districts and to censure any Republican who does not vote for Cook — a move that, under recently adopted party rules, would bar those lawmakers from appearing on a primary ballot for two years.

In the complaint, Harris alleged that George violated ethics rules by threatening to spend money on mail pieces in Harris’s district attacking him if he didn’t cast his vote for Cook. Harris argued that such a mailer amounted to an “economic benefit” for a primary candidate against Harris and thus constituted a bribe.

“I think they chose the politically expedient way out,” Harris said of the commission’s decision. The Texas GOP did not immediately respond to a request for comment.

The commission declined to comment. Ethics complaints that are dismissed are confidential under state law. Typically, when the commission receives an ethics complaint, it has five days to determine whether the alleged violation comes under its jurisdiction. When the commission declares it does not have jurisdiction, the complainant can request a review by the commission. Harris said he hasn’t decided yet if he wants to request a review.

See here for the background. I hope Rep. Harris does request that review, just because it’s best to have this sort of thing on the record. Maybe this was a sound decision, maybe it was craven capitulation to political pressure, let’s find out. As noted elsewhere in the story, the already-weak TEC has been under sustained pressure from the billionaire overlords who are the real movers behind the likes of Chair George and the overall extreme conformist vibe of the GOP. I would recommend that Rep. Harris and anyone else who was on the business end of those mailers look for ways to shore up the TEC and protect it from the depredations of those billionaires. If they had a majority to elect Dustin Burrows as Speaker, they’ll have a majority in the House for that. Sure, it won’t pass the Senate, but it’s a stand they can take. It’s that or be part of the problem.

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Texas blog roundup for the week of January 20

The Texas Progressive Alliance hopes we’re all ready to fight back now as it brings you this week’s roundup.

Continue reading

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Snow Day 2025

That sure was something.

Meanwhile, in Galveston (Photo credit: Brett Coomer/Staff photographer)

Houston woke up to a winter wonderland Tuesday as a fresh blanket of snow fell across the region. The winter storm that also brought sleet should taper off through Tuesday afternoon.

How does this snow — which sent some outdoors to enjoy the rare sight while many others chose to stay indoors and get cozy — compare to previous snow days in Houston?

The heaviest precipitation is over in most of Greater Houston. While exact totals are hard to come by until snow completely stops, most reports through 10 a.m. Tuesday indicated 1 to 4 inches of snow and sleet have fallen in Greater Houston and Harris County.

Bush Intercontinental Airport, Houston’s official climate observation site, recorded 2 inches of snow shortly after 9 a.m. On the city’s southeast side, a 3-inch snow total was observed near Hobby Airport around the same time Tuesday morning.

Other spots across Southeast Texas have reported similar snowfall totals, with places like Liberty and Beaumont recording as much as 3 to 5 inches of snow.

[…]

Tuesday’s snowfall of at least 2 inches makes it the highest single-day totals since 1973 at Bush Intercontinental. The most recent 1-inch snowfall in Houston occurred during the February 2021 freeze, but the city has had 10 other instances where at least a half an inch to 2 inches of snow have occurred.

The snowiest day in Houston’s history occurred on Valentine’s Day in 1895 when a whopping 20 inches was recorded. The second- and third-snowiest days occurred in 1940 and 1960 when the city recorded 3 inches of snow. While official snow totals may fall shy of 3 inches at Bush Intercontinental, a total of more than 2.3 inches would put Tuesday’s snow among the top five snowiest days on record.

Indeed, there was a blizzard warning issued for parts of Louisiana yesterday, which is the kind of sentence I didn’t expect to type anytime soon. The Space City Weather guys have more details for you, with the warning that while a lot of snow melted during the day – which I have to say turned out to be pretty tolerable, once the sun came out and the winds died down – that likely means icy roads today, at least for the morning. Stay home until things warm up a bit and the roads become less hazardous, which ought to be this afternoon.

The good news is that the power mostly stayed on, which is something a lot of people had been very worried about. The bad news is that at least two people are dead as a result of the storm and freeze so far, one of whom was involved in a car wreck. Hopefully that won’t go up any further. The airports remain closed for now, but that may change by the time you read this. My parents are supposed to fly home today, we’ll see if they have to extend their stay a bit. Maybe we can snow ice cream to help pass the time.

You probably saw lots of snow-related photos on social media, but if you need more, Houston Landing and The Barbed Wire have you covered. And I’ll just leave this here:

One more day off for the school kids to enjoy what they can of the snow. Make the best of it, y’all.

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Dan Patrick says something about abortion

Usually, when Dan Patrick says something should happen in the Legislature, he gets his way. With this, I’m not so sure he actually has anything in mind, and as such I’m not expecting anything.

Lt. Gov. Dan Patrick on Sunday said the Legislature should amend the language of the state’s near-total abortion ban to address confusion over when doctors may terminate pregnancies.

“I do think we need to clarify any language so that doctors are not in fear of being penalized if they think the life of the mother is at risk,” Patrick said on the WFAA program “Inside Texas Politics.”

Patrick is the first major state elected official to offer support for changing the state’s abortion law in this legislative session. The Texas abortion ban went into effect in 2022 and prohibits abortions in all circumstances except when the life of the pregnant person is at risk.

Some doctors have said the law is unclear, however, as to how ill a pregnant person has to be to qualify for an abortion. Punishments for violating the abortion statute include up to life in prison and a fine of at least $100,000.

A group of 111 Texas obstetrician-gynecologists in November sent a letter to state leaders urging them to reform the law, which they said as written “threatens physicians with life imprisonment and loss of licensure for doing what is often medically necessary for the patient’s health and future fertility.”

The letter cited two recent investigations by ProPublica of pregnant women in Texas who died after doctors delayed treating their miscarriages, which can conflict with the abortion law, which prohibits doctors from ending the heartbeat of a fetus. More than a dozen medical experts consulted by the news organization concluded that the deaths of Josseli Barnica, 28, and Nevaeh Crain, 18, were preventable.

The reporting earned a rebuke from Sen. Bryan Hughes, R-Mineola, who said in an op-ed published in the Houston Chronicle that the Texas Health and Safety Code clearly defines when a pregnant patient is ill enough to qualify for an abortion. Hughes said doctors had performed 119 abortions in life-saving situations since the law took effect.

You can listen to that podcast episode here if for some reason you’re starved for Dan Patrick content. I think this basically amounts to nothing for three reasons. One is that Patrick spoke in broad generalities rather than offer anything specific. It is possible to get a specific and narrow law passed to provide some kind of exception to the fanatical forced birth law we have now. He could have cited a specific situation, or waved his hands in the general direction of the Texas Medical Board’s guidance, or just mouthed some platitudes about consulting with doctors. He did none of that, which suggests to me this was some half-baked hypothetical, and we should not take it seriously.

Two, the party line all along, in public messaging and in legal defense of the existing law, is that it’s already clear-cut and any problems that result are the fault of doctors doing the wrong thing. Republicans, and Dan Patrick in particular, are not known for backing down from entrenched positions, as noted by Sen. Hughes’ whining above. The new rhetorical move on the right is to valorize the women who suffer and risk their lives instead of terminating any pregnancy, while the consensus among anti-abortion doctors like Ingrid Skop is that abortion is never necessary to save the life of the mother. Is Dan freaking Patrick going to push back against that, even for some rare situation? I don’t think so.

And finally, the forced birth movement feels emboldened and vindicated by the 2024 election results, even as several states passed referenda to protect or restore abortion rights. Those ghouls have an agenda that very much does not include adding exceptions, while their pals in other states seek to charge people who get abortions with murder. Again I ask, does anyone believe Dan Patrick will swim against that tide? The question answers itself. I don’t know what Danno was thinking when he said that. But I feel confident I know what will happen as a result of what he said. As is so often the case these days, I’ll be delighted to be proven wrong. Go ahead and do that, Danno! I’m rooting for you! The Current has more.

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Ichiro, CC, and Billy Wagner elected to the Hall of Fame

Congratulations to them all.

A leadoff hitter, an ace starter and a lockdown closer walk into a Hall …

It’s no joke. The National Baseball Hall of Fame’s Class of 2025 is complete after Ichiro SuzukiCC Sabathia and Billy Wagner were voted in by the Baseball Writers’ Association of America in ballot results revealed Tuesday night on MLB Network. They join Classic Baseball Era Committee electees Dave Parker and the late Dick Allen in an induction ceremony to be held on July 27 at the Clark Sports Center in Cooperstown, N.Y.

This was a ballot with international significance, as Ichiro, on his first BBWAA ballot, became the first Asian-born player selected for the Hall. He nearly became the first position player elected unanimously, falling – as one-time teammate Derek Jeter had in 2020 – just one vote shy of that historic standing. Closer Mariano Rivera, a 2019 inductee, remains the only player elected unanimously in the long history of the BBWAA process.

“There was a time I didn’t even know if I’d get the chance to play in MLB,” Suzuki said through an interpreter. “So what an honor it is for me to be here and to be a Hall of Famer. It’s a special day.”

Sabathia was also a first-ballot selection, garnering 86.8%.

“It means everything to me. Just even to go in the Hall of Fame, in general, is a big honor,” he said. “But to go in first ballot, I know what that means as a baseball player. It’s super exciting.”

Wagner gained entry on his 10th and final writers’ ballot with 82.5% support.

“I don’t even know how to express it,” Wagner said. “When I think about what I represent, from Division III to southwestern Virginia, it’s such a blessing.”

Just missing the 75% cut was power-speed dynamo Carlos Beltrán, who had his name checked on 70.3% of submitted ballots in his third try. Andruw Jones, one of the great defensive center fielders of all time, was checked by 66.2% of voters on his eighth ballot. None of the other players on the 24-man ballot achieved higher than 39.8% (second baseman Chase Utley’s total).

See here for more on the Parker and Allen elections. I have no criticisms of this year’s process. The three most qualified players got in, and the ones who deserve a closer look will get the chance to be evaluated further. Well done all around. Jay Jaffe has more.

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Precinct analysis: County races 2024 part 2

PREVIOUSLY:

President
Senate
Railroad Commissioner
District Attorney and County Attorney

Last time we looked at the low-performing countywide races for Democrats. This time it’s the three races where Dems did the best. The starting place is exactly where you’d expect it to be, with the Sheriff and two-term incumbent Ed Gonzalez.


Dist      Knox Gonzalez     Dist    Knox%Gonzalez%
==================================================
HD126   46,015   31,770    HD126   59.16%   40.84%
HD127   51,925   38,110    HD127   57.67%   42.33%
HD128   44,334   21,211    HD128   67.64%   32.36%
HD129   50,388   34,534    HD129   59.33%   40.67%
HD130   61,347   29,808    HD130   67.30%   32.70%
HD131   10,063   33,556    HD131   23.07%   76.93%
HD132   51,744   38,987    HD132   57.03%   42.97%
HD133   42,951   31,919    HD133   57.37%   42.63%
HD134   40,251   57,908    HD134   41.01%   58.99%
HD135   26,933   35,320    HD135   43.26%   56.74%
HD137   11,369   17,093    HD137   39.94%   60.06%
HD138   40,502   31,998    HD138   55.86%   44.14%
HD139   17,386   40,970    HD139   29.79%   70.21%
HD140    9,700   18,890    HD140   33.93%   66.07%
HD141    8,333   29,060    HD141   22.28%   77.72%
HD142   14,478   36,671    HD142   28.31%   71.69%
HD143   13,253   23,113    HD143   36.44%   63.56%
HD144   18,111   21,077    HD144   46.22%   53.78%
HD145   19,097   39,634    HD145   32.52%   67.48%
HD146   12,565   41,932    HD146   23.06%   76.94%
HD147   14,961   48,257    HD147   23.67%   76.33%
HD148   22,451   28,585    HD148   43.99%   56.01%
HD149   19,191   26,774    HD149   41.75%   58.25%
HD150   46,176   32,651    HD150   58.58%   41.42%
            		
CC1    101,922  262,386    CC1     27.98%   72.02%
CC2    138,812  149,606    CC2     48.13%   51.87%
CC3    291,731  201,907    CC3     59.10%   40.90%
CC4    161,059  175,929    CC4     47.79%   52.21%

Gonzalez was the second-highest performer in 2020, trailing only Joe Biden. He was third-best this time, behind Colin Allred and Kamala Harris. He had a stronger opponent this time around, and this past term saw numerous problems with the jail, in particular with the death of inmates, but none of that dented his appeal. While there have been issues with the jail, overall Sheriff Gonzalez has had a fairly controversy-free tenure, with no big scandals or sustained attacks against him. You never know how long that can last, but as noted before the election of Sean Teare as DA has the potential to make his life a little easier in terms of the jail population, so as long as he can hold up his end of the bargain he should remain in strong position. A bigger question is how much pressure he may come under from the feds if and when Trump ramps up his deport-o-matic; he won’t get any help from the state, that much is for sure.


Dist      Dick	  Cantu    Dist	   Dick%    Cantu%
==================================================
HD126   46,120   30,190    HD126   60.44%   39.56%
HD127   52,020   36,622    HD127   58.69%   41.31%
HD128   44,574   20,057    HD128   68.97%   31.03%
HD129   50,350   33,445    HD129   60.09%   39.91%
HD130   61,123   28,498    HD130   68.20%   31.80%
HD131   10,087   32,976    HD131   23.42%   76.58%
HD132   51,781   37,680    HD132   57.88%   42.12%
HD133   42,287   31,389    HD133   57.40%   42.60%
HD134   39,509   56,724    HD134   41.06%   58.94%
HD135   27,363   33,969    HD135   44.61%   55.39%
HD137   11,304   16,707    HD137   40.36%   59.64%
HD138   40,131   31,023    HD138   56.40%   43.60%
HD139   17,337   40,064    HD139   30.20%   69.80%
HD140    9,980   17,976    HD140   35.70%   64.30%
HD141    8,118   28,704    HD141   22.05%   77.95%
HD142   14,682   35,588    HD142   29.21%   70.79%
HD143   13,634   21,950    HD143   38.31%   61.69%
HD144   18,371   20,223    HD144   47.60%   52.40%
HD145   18,963   38,508    HD145   33.00%   67.00%
HD146   12,314   41,408    HD146   22.92%   77.08%
HD147   14,596   47,768    HD147   23.40%   76.60%
HD148   22,492   27,585    HD148   44.91%   55.09%
HD149   19,302   26,109    HD149   42.51%   57.49%
HD150   46,176   31,110    HD150   59.75%   40.25%
            		
CC1    100,492  257,758    CC1     28.05%   71.95%
CC2    139,948  143,715    CC2     49.34%   50.66%
CC3    291,357  193,698    CC3     60.07%   39.93%
CC4    160,817  171,102    CC4     48.45%   51.55%

HCDE Trustee Richard Cantu won re-election with 52.5% of the vote and a 74K vote margin, both strong performances for 2024. For reasons I don’t quite understand, Dems have generally overperformed in the At Large HCDE Trustee races – Erica Davis was a top performer in 2020, outdoing her colleague David Brown along the way. Maybe it’s residual trust in the Democratic brand for education, maybe it’s a repudiation to the “Dems don’t vote all the way down the ballot because they get tired” trope, maybe it’s some mysterious force we cannot comprehend or quantify. Whatever it is, Richard Cantu had it as well.


Dist    Radack  Ramirez    Dist	 Radack%  Ramirez%
==================================================
HD126   47,653   29,704    HD126   61.60%   38.40%
HD127   53,224   36,273    HD127   59.47%   40.53%
HD128   45,332   19,846    HD128   69.55%   30.45%
HD129   51,425   33,133    HD129   60.82%   39.18%
HD130   63,218   27,514    HD130   69.68%   30.32%
HD131   10,486   32,916    HD131   24.16%   75.84%
HD132   53,768   36,641    HD132   59.47%   40.53%
HD133   44,770   30,149    HD133   59.76%   40.24%
HD134   43,124   54,732    HD134   44.07%   55.93%
HD135   28,417   33,546    HD135   45.86%   54.14%
HD137   11,942   16,448    HD137   42.06%   57.94%
HD138   42,360   29,944    HD138   58.59%   41.41%
HD139   18,155   39,805    HD139   31.32%   68.68%
HD140   10,189   18,013    HD140   36.13%   63.87%
HD141    8,337   28,750    HD141   22.48%   77.52%
HD142   15,012   35,668    HD142   29.62%   70.38%
HD143   13,893   22,023    HD143   38.68%   61.32%
HD144   18,683   20,257    HD144   47.98%   52.02%
HD145   20,376   37,763    HD145   35.05%   64.95%
HD146   13,212   41,074    HD146   24.34%   75.66%
HD147   15,494   47,349    HD147   24.66%   75.34%
HD148   23,282   27,385    HD148   45.95%   54.05%
HD149   19,937   25,850    HD149   43.54%   56.46%
HD150   47,266   31,003    HD150   60.39%   39.61%
            		
CC1    106,876  255,103    CC1     29.53%   70.47%
CC2    142,971  143,204    CC2     49.96%   50.04%
CC3    301,396  189,751    CC3     61.37%   38.63%
CC4    168,312  167,728    CC4     50.09%   49.91%

You may have noticed that the three top countywide performers for Dems in 2024 were the three Latino candidates. As noted above, Ed Gonzalez has his own strong brand, and Dems have tended to do well in HCDE elections, but in a year where Dems struggled more than usual with Latino voters, this stands out. Annette Ramirez faced the best-funded and likely best-known opponent in her race – I would argue that Steve Radack’s name recognition and years as County Commissioner were the reasons he carried Precinct 4 and did as well as he did overall – but she still turned in a credible performance. As with Sean Teare, I think she has an opportunity to make a name for herself and improve the baseline conditions for Dems in Harris County, simply by being more visible and publicizing how her office can help people with their property taxes and other functions. There’s a sweet spot between Paul Bettencourt’s right-wing advocacy and Ann Harris Bennett’s disappearing act that she can aim for, and it’s actually pretty big. I have had the chance to get to know Annette Ramirez over the past year, and I think she has tremendous potential. For this office, which has never had a strong Democratic advocate but has had a string of recent Republicans ranging from bumbling to Bettencourt, that would be a big deal.

Posted in Election 2024 | Tagged , , , , , , , , , , , | Leave a comment

Yeah, we’re still not getting sports betting

But Axios is gonna write about it as if there’s a chance, because it’s that time of the biennium again.

Photo by Joel Kramer via Flickr creative commons

Texas remains a holdout in the nationwide push to expand gambling, but industry representatives are headed to Austin for the upcoming legislative session hoping for a breakthrough.

Why it matters: State lawmakers will soon consider multiple bills that could lead to legalized mobile sports betting and resort-style casinos.

Flashback: Efforts to legalize sports betting in 2021 and 2023 came up short, despite a massive lobbying operation by casinos, betting sites like DraftKings and pro sports teams.

  • At the outset of the last legislative session, Las Vegas Sands was paying as much as $6.55 million to well-connected lobbyists to persuade lawmakers to ease state gambling restrictions.
  • Former Texas Gov. Rick Perry was hired as a spokesperson for the Sports Betting Alliance, which includes major sportsbook operators and all of Texas’ major professional teams.

State of play: The state constitution restricts gambling, so even if bills loosening gambling pass, they would require a statewide referendum.

  • Texas law allows for a lottery, charitable bingo, parimutuel betting on horse and dog racing, and gambling at three tribe-owned casinos — in Eagle Pass, El Paso and Livingston.
  • Poker rooms are also open across the state, though the legality is murky.

What they’re saying: “For me, it’s not really a revenue issue, it’s a freedom and liberty issue,” state Rep. Jeff Leach, a Republican from Plano whose 2023 sports betting bill cleared the Texas House but never passed the Texas Senate, told the Austin American-Statesman recently.

[…]

The other side: Lt. Gov. Dan Patrick, who presides over the Texas Senate, has shown little appetite for more legalized gambling, despite the lobbying push.

  • “The votes aren’t there,” he told WFAA reporter Jason Whitely in November, throwing cold water on the issue before the Legislature even convenes.
  • “If a bill ever started to get close and moving, you’re going to hear from the other side, from the pastors, from the business community, from the citizens who oppose it,” he said.

[…]

What’s next: FanDuel CEO Amy Howe told Axios it could take until 2027 for Texas to legalize sports betting.

  • “Tough to pinpoint exactly when it’s going to happen,” she said. “We feel good about the momentum, so hard to say exactly which year, but we think we feel cautiously optimistic.”

This was from December, but it got lost in the holidays, so I’m running it now. Not that long ago, but well before the election, gambling bills were already being declared dead for the next session. I don’t know what anyone thinks may have changed since then, and I have never known why the people who write these stories (for any publication, I’m not picking on Axios here) don’t seem to grasp that Dan Patrick is the immovable object in the path of any gambling expansion effort. This story posits that maybe Trump could get Patrick to budge on the issue, and while I’ll admit that could be true, I can’t imagine it happening. It’s just not a thing that Trump cares about. Also, since that story came out, the right-wing Texas Public Policy Foundation released a study about the potential social costs of expanded gambling, so add that to the ledger.

Just a point of clarification, any expansion of gambling would require a constitutional amendment. The bill passed by Rep. Leach was the enabling legislation for a joint resolution, which is the vehicle for putting a referendum before the voters. That also passed, but the companion bill in the Senate never got a committee hearing, even though its author was a Patrick minion. Patrick crapped on Leach’s bill in 2023, and as I said, nothing has changed since then.

Finally, I have no idea why DraftKings CEO Amy Howe thinks 2027 would be any different than 2025. Again, the issue is Dan Patrick, so unless he retires, gets defeated, or changes his mind, we will continue to repeat this story. I would of course welcome her help in trying to vote him out in 2026, but I doubt that was what she meant to say.

Anyway, same story, different day. When something really does change, I assure you, you will know.

Posted in Jackpot!, That's our Lege | Tagged , , , , , , , , , , , , | 3 Comments

RIP, Cecile Richards

An icon passes.

Cecile Richards

Cecile Richards, a lifelong advocate for women’s rights who led Planned Parenthood for 12 years, has died at the age of 67 after a battle with brain cancer, her family said in a statement Monday morning. Richards, the eldest daughter of Gov. Ann Richards, forged her own path as a tireless advocate for women across Texas and the United States.

Richards founded the Texas Freedom Network, a grassroots social justice organization, helped reshape Planned Parenthood into a political force as well as a health care provider, and remained active in Democratic politics and the fight for reproductive rights until her death.

Even after being diagnosed with glioblastoma, an incurable brain cancer in mid-2023, Richards continued pushing, helping amplify the stories of women impacted by abortion bans and working on a abortion information chatbot. She first shared her diagnosis with The Cut in January 2024.

Richards died Monday at home, surrounded by family and her dog, Ollie, according to a statement from her husband and three children.

“We invite you to put on some New Orleans jazz, gather with friends and family over a good meal, and remember something she said a lot over the last year: ‘It’s not hard to imagine future generations one day asking, ‘When there was so much at stake for our country, what did you do? The only acceptable answer is: Everything we could,” the family wrote.

A little on the nose that this happened on Inauguration Day, but the universe does have a sense of humor, and I at least appreciated having something else to think about. I never had the chance to meet Cecile Richards myself, but I have a lot of friends who knew her. She worked tirelessly to make the world a better place. I salute her for that, and I send all my love and condolences to her family. Rest in peace, Cecile Richards. The 19th and Texas Public Radio have more.

Posted in The great state of Texas | Tagged , , , , | 1 Comment

Of course the Paxton investigation is dead

I strongly disagree with the use of the word “could” in this story.

Still a crook any way you look

When President Donald Trump appeared in a New York courtroom last spring to face a slew of criminal charges, he was joined by a rotating cadre of lawyers, campaign aides, his family — and Texas Attorney General Ken Paxton.

Paxton had traveled to be with Trump for what he described on social media as a “sham of a trial” and a “travesty of justice.” Trump was facing 34 counts of falsifying records in the case, which focused on hush money paid to porn star Stormy Daniels during the 2016 presidential campaign to keep her from disclosing their sexual relationship.

“It’s just sad that we’re at this place in our country where the left uses the court system not to promote justice, not to enforce the rule of law, but to try to take out political opponents, and that’s exactly what they’re doing to him,” Paxton said on a conservative podcast at the time.

“They’ve done it to me.”

A year earlier, the Republican-led Texas House of Representatives voted to impeach Paxton over allegations, made by senior officials in his office, that he had misused his position to help a political donor. Trump was not physically by Paxton’s side but weighed in repeatedly on social media, calling the process unfair and warning lawmakers that they would have to contend with him if they persisted.

When the Texas Senate in September 2023 acquitted Paxton of the impeachment charges against him, Trump claimed credit. “Yes, it is true that my intervention through TRUTH SOCIAL saved Texas Attorney General Ken Paxton from going down at the hands of Democrats and some Republicans …” Trump posted on the social media platform he founded.

The acquittal, however, did not wholly absolve Paxton of the allegations brought by his former employees. The FBI has been investigating the same accusations since at least November 2020. And come Monday, when Trump is inaugurated for his second term, that investigation will be in the hands of his Department of Justice.

[…]

Justice Department and FBI officials declined to comment on the story and the status of the investigation, but as recently as August, a former attorney general staffer testified before a grand jury about the case, Bloomberg Law reported. Paxton also referenced the FBI’s four-year investigation of him during a speech in late December without mentioning any resolution on the case. The fact that Paxton hasn’t been indicted could signal that investigators don’t have a smoking gun, one political science professor told ProPublica and The Texas Tribune, but a former federal prosecutor said cases can take years and still result in charges being filed.

“As far as I’m aware, this is pretty unprecedented, this level of alliance and association between those two figures,” said Matthew Wilson, a political science professor at Southern Methodist University in Dallas.

[…]

In his speech, Paxton made no mention of the agency’s investigations into Trump, nor did he connect the DOJ to his own case. But a Justice Department that Trump oversees with a heavy-handed approach could benefit the embattled attorney general, several attorneys told ProPublica and the Tribune.

Trump could choose to pardon Paxton before the case is officially concluded. He used pardons during his first presidency, including issuing one to his longtime strategist Steve Bannon and to Charles Kushner, his son-in-law’s father. He’s been vocal about his plans to pardon many of the Jan. 6 rioters on his first day in office.

More concerning, however, is if Trump takes the unusual approach of personally intervening in the federal investigation, something presidents have historically avoided because it is not a political branch of government, said Mike Golden, who directs the Advocacy Program at the University of Texas School of Law.

Any Trump involvement would be more problematic because it would happen behind closed doors, while a pardon is public, Golden said.

“If the president pressures the Department of Justice to drop an investigation, a meritorious investigation against a political ally, that weakens the overall strength of the system of justice in the way a one-off pardon really doesn’t,” Golden said.

Michael McCrum, a former federal prosecutor in Texas who did not work on the Paxton case, said “we’d be fools to think that Mr. Paxton’s relationship with the Trump folks and Mr. Trump personally wouldn’t play some factor in it.”

“I think that the case is going to die on the vine,” McCrum said.

There’s that word “could” again, in the first paragraph of the last quoted section. I’ll use it myself and say I sadly could not agree more with Michael McCrum. Donald Trump’s FBI and Justice Department will kill whatever was left of this investigation with fire. Ken Paxton will never see any accountability, at least not by these means. To think otherwise is to delude yourself.

Posted in Crime and Punishment, Scandalized! | Tagged , , , , , , , , | Leave a comment

What happens now with Colony Ridge?

Probably nothing good, but how much of that remains to be seen.

A newly elected state representative this week suggested Colony Ridge, a 33,000 acre majority-Latino residential development in Liberty County, will be a focus of immigration enforcement for President-Elect Donald Trump’s administration.

In a Facebook post on Tuesday, state Rep.-elect Janis Holt included a photo of herself and Tom Homan, pledging to address “the challenges posed by Colony Ridge.”

Homan, who ran the U.S. Immigration and Customs Enforcement for nearly two years under the first Trump administration, has been chosen by Trump as his “border czar.” He will be tasked with carrying out the incoming president’s mass deportation plans.

“I enjoyed my conversation with Border Czar Tom Homan. We will coordinate with his office and attack this issue head on (sic),” Holt wrote. It is unclear where and when the photo was taken.

[…]

In September 2023, Lt. Gov. Dan Patrick responded to months of conservative media reports by flying a helicopter over the development with the Texas Department of Public Safety and affirmed right-wing critics’ complaints that Colony Ridge is a borderline “sanctuary city” for immigrants citing misleading and false crime statistics.

Gov. Greg Abbott ordered the Texas Legislature to address Colony Ridge during a special session in the fall of 2023, but lawmakers only increased the number of DPS officers patrolling the development.

Alain Cisneros, a campaign coordinator for FIEL, an immigrant rights nonprofit, said Holt’s post about Colony Ridge is an example of politicians trying to score points with their party on hot topics like immigration.

“What we see is that it’s causing another psychosis, a panic, (that) everything is related to mass deportations,” Cisneros said in Spanish.

Jasmina Yadyra, who immigrated from Honduras 25 years ago and moved to the Liberty County development in 2021, said on Friday there should be stricter regulations surrounding immigration to the United States.

“Just as good people come, bad people also come and then they go to their home countries as if nothing happened,” she said in Spanish. “There should be order.”

The majority of Colony Ridge residents want quiet lives, Yadrya said.

“This is a place where we want to live in peace,” she said. “It is a very beautiful place that must be taken care of. It’s our home since we immigrated and we want to contribute to a grand nation like the U.S.”

Former residents Keilah and SuEllen Sanchez commended Holt’s attention to Colony Ridge. The sisters said Holt marks a significant shift from her predecessor, former Rep. Ernest Bailes, who they believe was aligned directly with the development.

“However, there are critical factors that must be considered when addressing Colony Ridge and its impact on both its residents and the broader community,” they wrote in a text message to the Landing. “It is important to recognize that while illegal immigration is a significant issue in Colony Ridge, not all residents are undocumented immigrants.”

Cisneros said years of right-wing rhetoric surrounding Colony Ridge has unfairly blamed residents for violence and disorder while ignoring what she called a predatory lending scheme that has taken advantage of the development’s residents over the past decade.

John and William “Trey” Harris, who did not respond to a request for comment, own the development, which is being sued by the Department of Justice and Texas. The brothers are accused of targeting largely Latino land buyers in what state Attorney General Ken Paxton has called a “bait-and-switch” sales scheme.

John Harris previously told the Landing the lawsuits were baseless and inflammatory.

See here for all previous Colony Ridge blogging. There are the allegations of rampant crime and gang activity, which have not been corroborated by the Liberty County Sheriff’s Office. There are allegations that the population of Colony Ridge is disproportionately comprised of undocumented immigrants, which honestly makes no sense and is also disputed by Liberty County officials. And then there are the allegations that the developers, who are facing multiple lawsuits, have engaged in misleading and predatory lending practices and other disreputable business. All of this comes with a heaping layer of right wing hysteria, which has had its usual distortion effect on the facts. Into all this comes the even more right-wing Legislature, and the whole Trump 2.0 debacle, which may or may not have the determination and capability to carry off deportations at unprecedented levels. I don’t know what Colony Ridge will look like in a couple of years, but it could be very different in ways that I think are more likely to be bad than good. I’ll keep an eye on it.

Posted in La Migra | Tagged , , , , , , , , , , , , , , , , , , | 22 Comments

HISD cancels classes

From the inbox.

Dear Houston ISD Families,

The safety of our students and staff is our top priority. Based on the most up-to-date weather information available to the District at this time and to provide families with adequate time to plan ahead, all Houston ISD campuses will be closed on Tuesday, January 21, and Wednesday, January 22, 2025. No campus activities, including before or after school events and Athletics, will occur. Campus Principals and Assistant Principals will work from home to support campus needs.

The City of Houston has provided the following resources to support families and staff through the upcoming winter storm:

  • Winter Weather Preparation: Preparation reminders can be found here.
  • Carbon Monoxide Safety: Please keep yourself safe from Carbon Monoxide Poisoning. Safety tips can be found here.
  • Warming Centers: The City of Houston will operate 10 warming centers for families beginning Sunday, January 19th at 6 p.m. Locations for Warming Centers can be found here.

The District will continue to monitor weather conditions in collaboration with local officials and will share an update to all Houston ISD families regarding District Operations for Thursday, January 23rd at 12 p.m. on Wednesday, January 22nd.

I hope all HISD families and staff stay safe and warm over the next few days. HISD will keep our communication updated on our Website and HISD NOW.

Most other local districts and charter schools will be closed Tuesday and Wednesday as well; a few have just announced a Tuesday closure. If you’re wondering what all the fuss is about:

It’s gonna be a mess, y’all. Stay inside and hope that ERCOT doesn’t fail us. Space City Weather has more.

Posted in School days | Tagged , , , , | Leave a comment

Weekend link dump for January 19

“The Rio Treaty’s Security Pact and Unintended Consequences of Threatening Canada, Greenland, and Panama”.

“Bringing this all together, the technologies through which we see the public shape how we understand it, making it more likely that we end up in the one situation rather than the other. As you have surely guessed by now, I believe Twitter/X, Facebook, and other social media services are just such technologies for shaping publics. Many of the problems that we are going to face over the next many years will stem from publics that have been deranged and distorted by social media in ways that lower the odds that democracy will be a problem solving system, and increase the likelihood that it will be a problem creating one.”

“Now, on the precipice of another Donald Trump presidency and halfway through the country’s third year without Roe, new ‘mommy wars’ are about to drop. But they won’t be about whether mothers work outside the home, breastfeed or formula feed, or whether or not moms vaccinate their kids. Instead, we’re about to see women pitted against each other over abortion—specifically, those who end nonviable or medically fraught pregnancies, and those who choose to carry to term.”

“I can’t imagine running a nursing home without children in it.”

RIP, Richard “Rico” Garcia, former HPD officer who was a 10-year member of the HPD’s famous Chicano Squad and a founder of the Organization of Spanish Speaking Officers.

“Slightly more than 20% of dolphins swimming along the Texas Gulf Coast have been exposed to fentanyl, according to a study published last month by Texas A&M University-Corpus Christi.”

“Ultimately, ending the war in Ukraine in one day is only the latest campaign promise Trump is backtracking on.” And he still isn’t even sworn in yet.

“But the real and big story is simpler and more structural. The major technology platforms became mature businesses at vast scales; in so doing they butted up against the regulatory purview of the national government; and with the former leading to the latter they shifted toward a more conventionally anti-regulatory politics. A lot of it is really that simple.”

“Chuck D Denounces Use Of Public Enemy’s ‘Burn Hollywood Burn’ In Wildfire Videos”.

RIP, Joe Sayre, Texas Radio Hall of Famer who was known on the air as Colonel St. James.

I have not read the massive Vulture story about the many horrible allegations against Neil Gaiman, but several of my friends have and have posted about it, and boy howdy does it all sound terrible. Here’s a quote from one of them: “He’s — well, you know how his writing and speaking shows a deep understanding of humanity and empathy, and expresses kindliness and likability? It turns out that if you are a horrible, horrible, deeply terrible person, you can use all of that to a) manipulate and abuse victims and b) mask that you’re a horrible, horrible, deeply terrible person.” I really would have preferred to live in a world in which Neil Gaiman was not such a person, but it looks like I did not get that wish.

“Mark Zuckerberg needs the incoming administration to make his problems disappear. Among the many issues facing Meta is a 2020 antitrust lawsuit filed during the first Trump administration, which heads to trial this spring. Section 230 —- the law shielding platforms from liability for user-generated content —- is under attack from both MAGA loyalists and liberals, and Meta desperately wants it to remain intact. Additionally, Meta’s AI ambitions rely on access to copyrighted works, there’s a class-action lawsuit against Meta making its way to the Supreme Court, and the company heavily depends on H1-B visas, a program often criticized by immigration hardliners.”

More WordPress drama. Why must so many tech CEOs make heel turns?

“This was not the wildland–urban interface of the Sierra Nevada, but entire neighborhoods of densely packed houses on gridded streets in and around the country’s second-largest city. To survey the devastation so far—12,000 structures destroyed, 24 dead—is to feel torn between the past and future of the American city. The century of technology and expertise deployed to eliminate the great urban fires that once leveled Chicago and San Francisco has been outpaced by the speed of a changing climate.”

RIP, Heinz Kluetmeier, photographer best known for his “Miracle on Ice” pictures.

“Effectively that means the FBI didn’t ask a single question in Pete Hegseth’s background check that the incoming Trump administration didn’t want asked.”

“It takes work, but you can learn to do it if you really, really want to. Put in that work and, eventually, you can be an ungrateful jerk who resents deaf people just for existing and who almost believes the lies you’re telling yourself about how their presence in this world makes you more entitled and aggrieved.”

“As firefighters are battling multiple huge blazes tearing through Los Angeles, California’s prisons have deployed more than 1,000 incarcerated people to battle on the frontlines.”

RIP, David Lynch, iconic director who gave us Blue Velvet, Mulholland Drive, Dune, and Twin Peaks, among others.

RIP, Bob Uecker, former MLB player and beloved longtime broadcaster for the Milwaukee Brewers, who also did some acting in Mr. Belvedere, Major League, and more.

RIP, Tommy Brown, former MLB player with the Brooklyn Dodgers, teammate of Jackie Robinson, still the youngest person to hit a home run in an MLB game and the youngest non-pitcher to appear in an MLB game.

RIP, Dame Joan Plowright, Tony-winning and Oscar-nominated actor, widow of Sir Laurence Olivier.

LEAVE BONE CRAWFORD ALONE!

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Next assault on mifepristone gets the rubber stamp

Here it comes.

The Texas judge who previously halted approval of the nation’s most common method of abortion ruled Thursday that three states can move ahead with another attempt to roll back federal rules and make it harder for people across the U.S. to access the abortion drug mifepristone.

Idaho, Kansas and Missouri requested late last year to pursue the case in federal court in Amarillo, Texas, after the U.S. Supreme Court issued a narrow ruling finding that abortion opponents who first filed the case lacked the legal right to sue.

The only federal judge based in Amarillo is Matthew Kacsmaryk, a nominee of former President Donald Trump who in recent years ruled against the Biden administration on several issues, including immigration and LGBTQ protections.

The states want the federal Food and Drug Administration to prohibit telehealth prescriptions for mifepristone and require that it be used only in the first seven weeks of pregnancy instead of the current limit of 10 weeks. They also want to require three in-person doctor office visits instead of none to get the drug.

That’s because, the states argue, efforts to provide access to the pills “undermine state abortion laws and frustrate state law enforcement,” according to court documents.

Meanwhile, Kacsmaryk said they shouldn’t be automatically discounted from suing in Texas just because they’re outside the state.

The American Civil Liberties Union said Thursday that the case should have been settled when the U.S. Supreme Court unanimously preserved access to mifepristone last year, where the justices issued a narrow ruling finding that abortion opponents who first filed the case lacked the legal right to sue.

Kacsmaryk’s decision “has left the door open for extremist politicians to continue attacking medication abortion in his courtroom,” the ACLU said.

See here for the previous update. Of course the question of jurisdiction and standing don’t matter to Matthew Kacsmaryk. He wants to ban abortion by any means necessary and he’s just been given another chance. What did you expect? This will be on SCOTUS’ docket before you know it, after the Fifth Circuit gives its cursed blessing to whatever Kacsmaryk vomits up. Get ready.

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James Helton and Wavery Guidry

What an amazing story.

On Galveston Island lies a story that could have been forgotten if not for the efforts of local historians.

Two Black lifeguards, James Helton and Wavery Guidry, who made over 30 rescues combined between 1935 and 1957 during the Jim Crow era, will soon be recognized with a historical marker from the State of Texas.

Known as an “Undertold Marker,” it will recognize not only the 30-plus rescues the pair made during the Jim Crow era, but also the gaps in giving them credit for their service, today and in their own time.

“To document those who saved lives is the right thing to do. It’s to acknowledge they were undervalued and mistreated,” said Julie Baker, of the Galveston County Historical Commission.

Assigning lifeguards to keep Black swimmers alive, let alone getting a beach for Black swimmers at all during Jim Crow, was not an easy feat. It took community petitioning and individuals’ commitment to saving lives, even when credit for doing so was intentionally erased.

The Undertold Marker, which Texas awards to just 15 applicants across the state each year, will be mounted on a concrete base at Seawall Boulevard and 28th Street on the first day of February, which is Black History Month.

In the early 1920’s, Galveston beach was already segregated through social practice, according to research from Carol Bunch Davis, an independent scholar researching African American cultural production and Associate Professor Emerita of English at Texas A & M University at Galveston

But social segregation wasn’t enough for city leaders, Brantley Harris and A. G. Fish, who petitioned the city to completely eradicate Black swimmers from Galveston’s Seawall Beachfront, Davis wrote. The petition failed, she explained, but not because city leaders disagreed with racial segregation; they just believed White and Black swimmers were already segregated enough.

In spite of leaders’ back and forth on policing where Black beach patrons could be, Black beach patrons were able to create “places for themselves in the face of anti-Black racism, or anti-Blackness,” Davis wrote.

By the early 1950’s, two historically African beaches were in use: West Beach, known as “Black Beach,” or “Sunset Camps,” and Brown Beach, at 28th street.

There’s more, so go read the rest. I knew nothing about any of this. That bit about how the ban on Black swimmers failed because other city leaders thought the existing segregation was enough just boggles me. I found more about Helton and Guidry and the forthcoming recognition of their work here and here, and links to some of Professor Davis’ research on this topic here and here. I also wonder if the current legislative jihad against DEI means that it would be illegal to teach about this in Texas’ schools. Someone ask Sen. Brandon Creighton about that.

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Highly Pathogenic Avian Influenza

We all have a role to play in slowing its spread.

Communities in Texas are being urged to take action to slow the spread of bird flu in the avian population. The Texas Parks and Wildlife Department (TPWD) offers suggestions on ways to be cautious and careful.

How the Community Can Help

  1. Remove bird feeders and bird baths: Temporarily stop using feeders and baths in order to limit congregation points where the virus can easily spread.
  2. Avoid handling sick or dead birds: If you encounter wildlife showing symptoms of illness or find dead birds, do not touch them. Report sightings to TPWD or your local wildlife biologist.
  3. Keep pets away: Prevent pets from consuming wild bird carcasses, which could expose them to the virus.
  4. Take extra care in practicing good hygiene: Wash hands thoroughly after any unavoidable contact with wild animals or outdoor environments frequented by birds.

This latest outbreak of Highly Pathogenic Avian Influenza (HPAI), confirmed in domestic ducks near Arboretum Boulevard and the 360 Capital of Texas Highway, has prompted warnings from health and wildlife officials.

The virus, which is highly contagious among wild and domestic birds, poses a serious threat to bird populations and could potentially impact human health.

The Texas Parks and Wildlife Department (TPWD) emphasizes the critical role of the community in slowing the spread of the virus.

One immediate action that residents can take is to remove bird feeders and bird baths. These items encourage birds to congregate, creating hot spots for virus transmission. Officials warn that unnecessary interaction with wild birds, including feeding waterfowl in parks, increases the risk of spreading HPAI.

The Centers for Disease Control and Prevention (CDC) urges the public to take the bird flu outbreak seriously. While the risk of HPAI transmission to humans remains low, the virus has the potential to mutate. Close contact with infected birds or contaminated environments could pose risks to human health, underscoring the need for vigilance.

The CDC recommends wearing gloves and masks when handling birds or cleaning potentially contaminated surfaces.

I don’t think any of that is particularly burdensome for most of us. Also, take care around ducks.

Highly Pathogenic Avian Influenza, or HPAI, has been confirmed in multiple ducks across Harris County, said Kelly Norrid, a spokesperson for the department. Much like influenza that impacts humans, Norrid said the avian influenza could be a returning or new strain.

Although the department hasn’t tested all citizen reports of sick, dead or dying ducks in Harris County, Norrid said the department has received enough positive HPAI test results in Houston, Harris County and across Texas since December to know the disease is spreading. There was one report recently of a sick Bald Eagle in the northwest side of Harris County as well, Norris said.

In early January, the department confirmed the influenza in multiple domestic ducks recovered from a pond in Northwest Austin. Officials said they’ve found widespread detections of influenza in wild birds in Wharton, El Paso, Potter and Harris County.

In Houston and Harris County, the avian influenza is mainly affecting muscovy ducks, which are an invasive species. One on hand, muscovy ducks dying could be good for native species, Norrid said. But, muscovy ducks can spread avian influenza to other bird species, as well as cats and dogs if they have prolonged exposure, Norrid said. If dogs or cats consume or carry around an infected duck, they can become infected with the HPAI, Norrid said. Because of this, officials encourage people who have seen congregations of sickly ducks in their neighborhood to keep cats indoors and dogs away from duck ponds.

Not all avian species are susceptible to HPAI, but the disease is highly contagious. Migratory flight routes throughout Houston and the Gulf Coast cause a constant influx of new avian populations, Norrid said. If those populations land in lakes or ponds with sick ducks, those birds can pick up the disease and spread it from place to place, thus keeping it persisting in the environment.

Basically, try to avoid contact by you or your pet with a sick bird. We can do this.

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HISD approves those previously unapproved expenses

Cleanup on Aisle 3!

Houston ISD’s Board of Managers voted Thursday to retroactively approve up to $870 million in purchasing agreements after the state’s largest school district admitted to violating procurement policy for approximately 16 months.

State-appointed Superintendent Mike Miles said Monday that HISD discovered in December that a team of employees had been violating board policy by failing to submit certain purchases for board approval because they “mistakenly” believed that purchases affiliated with “cooperative agreements” did not require a board vote.

In a 7-1 vote, the board approved approximately 130 of the proposed cooperative agreements. Under these agreements, HISD had entered into contracts for certain projects with vendors that had already been pre-approved by other agencies, such as the Houston-Galveston Area Council, instead of engaging in an open bid process.

Board member Rolando Martinez voted against the motion, and board member Cassandra Auzenne Bandy abstained.

The board was also expected to give initial approval to a change to procurement policy that would only require HISD to obtain board approval for future “cooperative agreements” if the purchases cost at least $1 million. However, board President Audrey Momanaee pulled the item from the agenda at the beginning of the meeting.

The appointed school board had initially planned to ratify the proposed cooperative agreements during its regular December meeting. However, Alex Elizondo, HISD’s chief of public affairs and communications, said Monday that the board delayed the vote until this month because members wanted to do a “little more due diligence.”

Janette Garza Lindner, the board’s audit committee chair, said the board planned to publish an audit of the purchases publicly on the audit committee’s website. The audit by RSM, an external firm, reviewed purchases exceeding $1 million to ensure that the spending followed the appropriate processes, she said.

“Our internal audit team found that all of the all of the processes that were followed were appropriate,” Garza Lindner said. “Wanted to just make sure that that was noted for each other and for our community to understand that we did leverage our internal audit team to review those purchases.”

The district’s failure to follow board purchasing policy sparked outrage among about two dozen HISD community members who urged the board during public comment to demand an additional investigation and conduct more oversight of HISD’s spending to restore trust.

HISD parent Ellen Walter said “$870 million in unapproved spending is not an ‘in good faith’ mistake. This is the point that will make you realize that he is the mistake. Our district deserves better. You should be firing Mike Miles.”

See here for the background. Before we go any further, let me include this quote from the Houston Landing.

Eliana Gottleib, an eighth grader at Meyerland Performing and Visual Arts Middle School, pressed Miles and the board to look into the issue more.

“For a group of people who are so hung up on following procedures, like carrying a traffic cone to the bathroom, you would think you would follow your own procedures when spending almost $1 billion,” Eliana said. “Board members, please address this lack of oversight the same way you would at your businesses or jobs. Both you and the community know that a formal investigation is absolutely necessary for this kind of incident.”

I don’t want to overreact to this, but I don’t want to underreact, either. While it appears that nothing suspicious happened during the time that proper procedures weren’t followed and no one thought to ask about it, the fact that they weren’t followed is itself worthy of review and at least some recrimination. One of the stated reasons for the takeover, one of the things that has to be adequately addressed in order for HISD to be released from bondage, was poor governance on the part of the elected Board, even though to my mind most if not all of the Board members who were part of that problem are no longer there. It is therefore to be expected, at the very least, that the leadership that was foisted on us should be exemplary in this manner. This is a glaring example where they were not.

There’s a good discussion of this issue in the first ten minutes of Friday’s CityCast Houston episode, with the Landing reporter who broke the initial story. Mike Miles has already shown himself in many ways to be a bad leader, in his complete refusal to engage the community and get anything resembling buy-in for his actions. This is a much more basic matter, one of just knowing what the rules are and following them. And while, as reporter Asher Lehrer-Small says on the podcast, it’s not on the Board to supervise the administration in this manner, it’s hard to understand why no one even casually brought up the question of why they weren’t being asked to make these approvals more than a year after that started. Everyone was asleep at the switch, and the result is just embarrassing, in a “can’t anyone here play this game?” kind of way.

What the proper consequences should be, I’m not sure. Maybe some of Miles’ hand-picked and very well paid leadership staff should walk the plank for it. I’m not sure this is a firing offense for Miles himself, but the buck does stop with him. Could we at least get an exasperated reaction from Mike Morath, with a warning to get his shit together or get out? Surely that’s not asking for too much. Right now everyone in a position of power seems to be of a mind to just say “oopsies” and move on. If so, that’s a hell of an example of good governance to leave for the next empowered elected Board. The Press has more.

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DA’s office recused from Hidalgo aides’ case

Done and done.

Sean Teare

A judge signed off on Harris County prosecutors handing their case against three former employees for County Judge Lina Hidalgo to the Texas attorney general, effectively ridding District Attorney Sean Teare’s office of the politically fraught charges brought on by his predecessor.

Lawyers for the three staffers gathered around the judge’s bench Thursday with prosecutors from both agencies as no one objected to the move.

Kim Ogg, the former district attorney ousted in the 2024 primary, invited the attorney general’s prosecutors to take over the 2022 case, saying Teare could not be trusted, but she stopped short of recusing her office outright. Her decision effectively preserved Teare’s ability to decide the next steps in the cases against the three county workers amid allegations that they steered a COVID-19 vaccine outreach contract to Elevate Strategies, a political consulting firm with Democratic ties.

[…]

Teare assumed office Jan. 1 and filed a motion to recuse his office the following day, citing “intense political and media scrutiny” over the contract investigation and ensuing indictments against Alex Triantaphyllis, Wallis Nader and Aaron Dunn.

“The orderly administration of justice requires that there be no perceived bias in the prosecution of these cases,” wrote Joshua Reiss, general counsel for Teare’s office, in their request for a recusal.

Judge Hazel Jones approved the motion and quizzed the lawyers on both sides Thursday morning whether an outcome was being discussed. It was, the lawyers said, without elaborating.

Dunn’s lawyer, Derek Hollingsworth, said the recusal should have happened sooner because it wasn’t until prosecutors with Attorney General Ken Paxton’s office stepped in that he felt his client’s case — which he deemed a wrongful prosecution — received a critical eye.

The lawyer believes Paxton prosecutors have made progress in reviewing the case because defense attorneys for the trio have received fresh evidence since they took on the prosecution in April.

“My understanding is that the attorney general’s office is now the first administration to actually look deeply at this case and to investigate it thoroughly,” Hollingsworth said. “I hope that we’re close to a resolution.”

See here for the previous update. I suspect we’ll see some kind of action on this soon – whether that’s a dismissal of some or all charges or a plea deal, we’ll see. This has gone on long enough, whatever happens next. We should know more in February, when the next court date is.

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Another flying taxi overview

As I’ve said before, every time I read a story about flying taxis, I learn something new.

Flying taxis have made enough regulatory inroads with the U.S. Federal Aviation Administration to result in the recent creation of a new aircraft category called “powered lift,” a step that the agency hadn’t taken since helicopters were introduced for civilian use in the 1940s.

But there are more regulatory hurdles to be cleared before air taxis will be allowed to carry passengers in the U.S., making Dubai the most likely place where eVTOLs will take commercial flight — perhaps by the end of this year.

“It’s a tricky business to develop a whole new class of vehicles,” said Alan Lim, director of Alton Aviation Consultancy, a firm tracking the industry’s evolution. “It is going to be like a crawl, walk, run situation. Right now, I think we are still crawling. We are not going to have the Jetsons-type reality where everyone will be flying around everywhere in the next two to three years.”

China is also vying to make flying cars a reality, a quest that has piqued President-elect Donald Trump’s interest in making the vehicles a priority for his incoming administration during the next four years.

If the ambitions of eVTOL pioneers are realized in the U.S., people will be able to hop in an air taxi to get to and from airports serving New York and Los Angeles within the next few years.

Because its electric taxis can fly unimpeded at high speeds, Joby envisions transporting up to four Delta Air Lines passengers at a time from New York area airports to Manhattan in about 10 minutes or less. To start, air taxi prices almost certainly will be significantly more that the cost of taking a cab or Uber ride from JFK airport to Manhattan, but the difference could narrow over time because eVTOLs should be able to transport a higher volume of passengers than ground vehicles stuck in traffic going each way.

“You will see highways in the sky,” Archer Aviation CEO Adam Goldstein predicted during an interview at the company’s San Jose, California, headquarters. “There will be hundreds, maybe thousands of these aircraft flying in these individual cities and it will truly change the way cities are being built.”

First, I once again get to enhance my vocabulary, thanks to the term “powered lift”. It’s a little crazy to think that there hasn’t been a new, formally recognized category of flying machines in almost 80 years, but here we are.

In our last update on flying taxis, it was suggested that FAA approval would not come before 2027, which as noted scotches the “flying taxis at the FIFA World Cup” possibility. I still feel like there will be some way to make it happen in time, but I’m just guessing as someone with zero expertise in the matter. Also, whether that would be a good idea is another thing.

The price of these trips remains a subject of some uncertainty. I won’t rehash what I’ve said before, just that there’s going to need to be some more infrastructure to make this all make sense, and the price of the ride will necessarily need to include the price of getting to the ride.

The comment about “highways in the skies” brings up again the question of noise, and also of safety. Commercial air travel is extremely safe in the US, way more so than driving land-based vehicles, but these things are brand new and we’ll be figuring it out as we go. Not to put too fine a point on it, but any mishaps in the air will have the potential to cause a whole lot more damage than a typical wreck on the highway.

And finally, the China factor and Things Donald Trump Fixates On. I’ve already noted that for good or for ill, Trump 2.0 will mean a smoother path to approval and adoption for autonomous vehicles, and I think the same will be true for flying taxis. Whatever happens in the short term, I expect there to be a lot of movement on this in the next four years.

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Justice Department asked to investigate GLO’s screw job of Houston on Harvey funds

Not sure that late is actually better than never in this case, but here we are.

A complaint stemming from the Texas General Land Office’s allocation of Harvey disaster recovery funds, which originally awarded no money to Houston or Harris County from a $1 billion distribution, has been escalated to the Civil Rights division of the Department of Justice.

The U.S. Department of Housing and Urban Development asked the Justice Department on Wednesday to take action against the GLO after finding that it had violated the Fair Housing Act by discriminating against Black and Hispanic residents when it designed a competition to allocate the relief money.

HUD’s review of the GLO’s funding process revealed that the state agency had engaged in a pattern of “discriminatory actions based on race and national origin,” wrote Ayelet Weiss, assistant general counsel for HUD’s Office of Fair Housing Enforcement, in a letter to the Justice Department.

In a separate letter sent to state officials, HUD told the GLO that it knowingly denied communities critical funding, and “compounded the harm” that residents suffered from Hurricane Harvey.

The new correspondence affirmed HUD’s previous finding of discrimination in 2022 against the GLO. At that time, the Justice Department said it would defer consideration of the matter until HUD wrapped up its fair housing investigation.

[…]

Former mayor and now U.S. Rep. Sylvester Turner said Wednesday that while he was glad the findings were being sent to the Justice Department, he was frustrated by the amount of time it took to hold the GLO accountable.

Houston residents whose lives were devastated by Harvey should have received federal aid years ago, Turner said, and instead the GLO diverted those funds to communities in lesser need.

“What do you say to these communities in Houston who have gone without the resources that they need to mitigate flooding in their very own communities?” Turner said. “HUD is doing the right thing in referring this matter to the DOJ, but it just should’ve been done more than two years ago.”

See here for the previous update. I’m with Rep. Turner on this: It’s nice to be validated, but it would have been way nicer to have gotten our fair share of the cash and/or this finding and request for action much sooner than now. I assume the Trump “Justice” Department will trash this as soon as it crosses the Attorney General’s desk. I don’t know what else to say. The Trib has more.

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Paxton asks SCOTx to get him off the State Bar hook

As the sun rises in the east.

Still a crook any way you look

Attorney General Ken Paxton’s office wants the Texas Supreme Court to throw out a State Bar ethics complaint against him — two weeks after the court dismissed a similar complaint against his assistant attorney general.

Seven out of the nine justices ruled Dec. 31 that First Assistant Attorney General Brent Webster could not be disciplined for allegedly making false claims about the 2020 presidential election results in a petition to the U.S. Supreme Court.

Solicitor General Aaron L. Nielson wrote in a letter to the high court Monday that because the commission’s complaint against Paxton was closely related to the complaint against Webster, Paxton’s suit should also be dismissed.

“The Commission’s petition against the Attorney General in this case is based on the same legal theories and underlying facts as—and therefore materially identical to—the one filed against the First Assistant in Webster,” Nielson wrote.

[…]

The Bar’s disciplinary arm, the Commission for Lawyer Discipline, alleged Paxton misrepresented facts of the election with claims unsupported by evidence. The commission accused Paxton of professional misconduct, which violates the bar’s rules. The Fifth Court of Appeals in Dallas upheld the State Bar’s suit.

In Webster’s case, the Texas Supreme Court ruled the Commission for Lawyer Discipline took it upon itself to attempt to discipline Webster when the U.S. Supreme Court — the court that heard the election lawsuit — did not and didn’t ask the commission to do so. It also intrudes upon the attorney general’s constitutional authority to both file petitions in court and assess the propriety of the claims he makes, the justices ruled.

At the time, Paxton called the State Bar’s complaints against himself and Webster “baseless” and “political retaliation.”

“The Texas State Bar attempted to punish us for fighting to secure our national elections but we did not and will not ever back down from doing what is right,” Paxton said in a statement.

In his letter, Nielson wrote the Fifth Court of Appeals “committed all of the same errors” in reviewing the case as the Eighth Court of Appeals in El Paso did in Webster’s case — hence why Paxton’s suit should be dismissed.

The dissenting justices — Justice Jeff Boyd and Justice Debra Lehrmann — said in their opinion in Webster’s case that the majority’s opinion showed “disdain or distrust” for the commission’s ability to discipline lawyers.

See here for the Brent Webster update. The best I can come up with for why SCOTx would allow the lawsuit against Paxton to continue after giving Webster a free pass is that Paxton was the guy in charge, where the buck stops, and it’s different for that guy to lie and do fraud before a court than for some foot soldier. I don’t actually believe that, I’m quite certain that they’ll give him a lollipop and a pat on the head and send him on his way, but I made myself think up a possibly plausible rationale for them to do the right thing, and that’s what I’ve got. Accountability is for suckers. Start the clock on this one.

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Dispatches from Dallas, January 17 edition

This is a weekly feature produced by my friend Ginger. Let us know what you think.

This week, in news from Dallas-Fort Worth: news from the Lege and about the upcoming May elections in North Texas. Also: the Dallas City Manager hiring process is limping to a close; Mayor Johnson changes his mind about the HERO propositions; Fort Worth PD seizes photos from an art museum as possible kiddie porn; Tarrant County jail news, including folks arrested at a County Commissioners’ meeting over protesting deaths; schools news, particularly the discussion about Keller ISD splitting up; water infrastructure news including the latest on the Marvin Nichols reservoir; and more.

This week’s post was brought to you by the music of PJ Harvey. One of my goals for 2025 is to listen to more music by women artists, so expect to hear about a lot of women this year.

The big news this week is that the Texas legislature is again in session. As noted by our host, Democrats managed to keep the worst Republican, David Cook, (R-Mansfield), out of the speakership in favor of a slightly less bad Republican, Dustin Burrows (R-Lubbock). Cook had pledged to keep all Democrats out of leadership; Burrows didn’t. That’s the slightly less bad.

We’re still in the “what are we going to do this year?” part of the session, so here’s what some of our North Texas legislators have to say:

In other news:

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SCOTUS hears the Texas anti-porn case

There’s a lot on the line here.

The U.S. Supreme Court on Wednesday appeared conflicted over whether a Texas law regulating adult entertainment websites infringes upon First Amendment free speech rights of adults seeking to access online pornography.

At issue is a 2023 Texas law requiring companies that operate websites where more than one-third of the material is harmful to minors to use “reasonable” age verification measures to ensure users are at least 18 years old. More than a dozen other states have passed similar laws, but Texas’ is the first to be looked at by the nation’s highest court. The U.S. Supreme Court’s decision could determine the fate of other states’ laws and set new precedent on how the government can impose age-related content regulations.

More than two hours of arguments on Wednesday concluded with a lawyer for adult entertainment websites contending that the internet is “free” and that it is incumbent upon parents, not websites, to screen out content inappropriate to their kids. Derek Shaffer, the attorney, also pointed out the particular features of Texas’ law compared to that of other states.

“This is the worst of the laws,” Shaffer said. “Texas is telling these targeted speakers that pornography is, among other things, contributing to prostitution. You have a hostile regulator who is saying to adults, ‘You should not be here.’”

[…]

State lawmakers passed House Bill 1101 in 2023 as part of a broader push to prevent children from being exposed to sexual materials. The law quickly drew scrutiny from free speech advocates and adult entertainment websites like Pornhub, who said the law would place undue burden on adults by forcing them to jump through hoops and endanger their privacy to access legal content. Critics also said the law was overly broad and could apply to websites providing information on reproductive rights resources, sexual education and LGBTQ+ literature. The law was initially blocked from going into effect after a federal U.S. District Court Judge found it unconstitutional.

The 5th U.S. Circuit Court of Appeals reversed that decision in November 2023, allowing the law to go into effect. The law carries fines of up to $10,000 per day that a website operates without age-verification requirements and up to an additional $250,000 if a minor accesses sexual material harmful to them. Pornhub has disabled access to Texans since last March, when the 5th Circuit formally vacated the lower court’s ruling.

U.S. Supreme Court justices on Wednesday were asked to consider whether the appeals court applied proper legal reasoning in upholding age-verification. The Free Speech Coalition, a trade group representing adult entertainment websites, argued that the proper standard of review is strict scrutiny, the most stringent standard that is used in cases pertaining to fundamental rights such as freedom of speech. The 5th Circuit relied on rational basis review, a less strict review which considers only whether there’s a legitimate state interest for the law.

Texas’ solicitor general Aaron Nielson argued on behalf of the state and told justices that the law would satisfy any level of scrutiny.

“Age verification today is simple, safe and common,” Nielson said. “Even if heightened scrutiny applies, Texas easily satisfies it.”

The U.S. Supreme Court is expected to issue a decision on the case this summer. They appeared open to the idea of an age-verification requirement, but some justices seemed concerned about the possible First Amendment implications of a broad ruling. In two separate cases, the Supreme Court has previously ruled that laws aimed to prevent the distribution of obscene materials to minors were unconstitutional restrictions of free speech.

See here for the previous update. There’s not a clear consensus of what the court made of the arguments. Here are two headlines I came across on Thursday afternoon:

Justices skeptical of Fifth Circuit ruling that upheld Texas age-verification internet law

Supreme Court appears sympathetic to law requiring porn sites to verify users’ age

Go guess. Slate’s Mark Joseph Stern takes his own shot at it:

In past cases like Ashcroft, the Supreme Court rejected this censorship-first approach, warning against the perils of censoring protected expression in the name of protecting kids. How times have changed. As soon as Derek Shaffer began arguing for the adult film industry on Wednesday, the conservative justices accused him of underestimating the danger and ubiquity of internet porn today. “It’s been 20 years since Ashcroft,” Justice Amy Coney Barrett told Shaffer. “The iPhone was introduced in 2007 and Ashcroft was decided in 2004. I mean, kids can get online porn through gaming systems, tablets, phones, computers.” There has been an “explosion of addiction to online porn.” Clearly, she posited, relying on parents to “filter” explicit content “isn’t working.” Justice Samuel Alito agreed. “Come on, be real,” he lectured Shaffer. “There’s a huge volume of evidence that filtering doesn’t work. We’ve had many years of experience with it.”

So the Ashcroft court’s sanguine assumption that parents could rely on technology to filter out porn has vanished. Gone, too, is that court’s laissez-faire attitude toward sexually explicit speech, replaced by Barrett’s concern about youth “addiction” to porn. “Do you dispute,” Justice Brett Kavanaugh asked Shaffer, “the societal problems that are created both short term and long term from the rampant access to pornography for children?” (“That is a complicated question,” Shaffer offered.) “Technological access to pornography, obviously, has exploded,” Chief Justice John Roberts opined, adding that “the nature of the pornography, I think, has also changed.” Justice Clarence Thomas added that “we’re in an entirely different world” from Ashcroft, which “was a world of dial-up internet.”

All of these justices appear to harbor some regrets about Ashcroft’s unyielding insistence upon the application of strict scrutiny to online porn laws. But what should replace it? Alito sounded eager to embrace the 5th Circuit’s use of rational basis review, while other justices waffled. Barrett floated the idea of “intermediate scrutiny,” which gives the government more leeway to regulate speech without writing a blank check. Roberts and Kavanaugh seemed interested in applying a kind of pseudo-strict scrutiny that would, in practice, dilute protections for internet porn. Justice Elena Kagan fretted about “the spillover danger” of “relax[ing] strict scrutiny in one place,” noting that “all of a sudden strict scrutiny gets relaxed in other places.” Justices Sonia Sotomayor and Ketanji Brown Jackson shared that concern, and it’s a weighty one: If the court slackens First Amendment standards for internet pornography, it will inevitably reduce protections for speech that it holds in higher esteem.

The liberal justices are right to fret about the dire consequences of reducing or eliminating constitutional protections for sexual expression online. If the court takes this step, there’s no reason why states’ battle against explicit material must stop at PornHub. States could target online bookstores that sell sexually explicit e-books, for instance, as well as streaming services that carry explicit TV show and movies. As the dissenting judge on the 5th Circuit explained, there is an endless array of graphic media that adults have a constitutional right to access even though it is plainly inappropriate for children. Could a state punish HBO for airing Game of Thrones without first verifying viewers’ age? Under the 5th Circuit’s view, apparently shared by at least one justice, almost certainly.

The best outcome that is on the table is for SCOTUS to send it back to the Fifth Circuit with instructions to apply strict scrutiny. After that, we’ll see. A press release from the ACLU of Texas is here, and TPM, the Chron, and NBC News have more.

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Nate Paul takes a plea

Another anticlimactic end to an ongoing saga.

Nate Paul, a prominent Austin real estate developer and head of World Class Holdings, has pleaded guilty to a single count of making false statements to a lending institution. The plea, entered Wednesday, concludes an 18-month federal investigation into allegations of bank and wire fraud related to Paul’s business dealings.

Federal prosecutors have recommended a sentence that includes no more than six months in prison, followed by five years of supervised release, and a fine of up to $1 million. However, the final sentence will be determined following a pre-sentencing evaluation by the U.S. Probation Office. The plea agreement also stipulates the dismissal of 11 additional charges against Paul.

Paul initially faced a jury trial scheduled for February 18 and was confronting charges that carried severe penalties. He had been indicted in June 2023 on eight counts of bank fraud for allegedly providing false information to secure over $172 million in loans. A superseding indictment in November added four wire fraud charges.

Each of the eight bank fraud counts carried a potential sentence of up to 30 years in prison and a $1 million fine, while the wire fraud counts each carried a maximum of 20 years and a $250,000 fine. The plea agreement, which remains under seal, caps Paul’s prison time at six months if accepted by the court.

[…]

Paul’s legal troubles also intersected with political controversy, notably involving Texas Attorney General Ken Paxton. Paul was accused of receiving improper assistance from Paxton, who allegedly used his office to intervene in legal matters to Paul’s benefit. These allegations contributed to Paxton’s impeachment in 2023, although he was later acquitted in a State Senate trial.

The plea deal emerged shortly after Senior U.S. District Judge David Ezra denied a joint motion from prosecutors and Paul’s defense team to delay the trial until April. Judge Ezra expressed frustration at the protracted timeline, declaring the case had “gone on way too long.”

The agreement spares Paul from a lengthy trial that was expected to involve 10-14 days of testimony from the prosecution alone, not including the defense’s arguments and rebuttals.

Beyond the federal charges, Paul faced legal repercussions in a separate civil case. In November, he was sentenced to 10 days in jail for contempt of court, perjury, and violating an injunction in a lawsuit involving a charity. This case also highlighted Paul’s ties to Paxton, with allegations that the attorney general improperly intervened to assist Paul in avoiding foreclosures.

As with pretty much everything related to the Ken Paxton Scandalmatic Universe, there’s a bunch of lore here, with a bit of Remember Some Guys thrown in for extra effect. We were first introduced to our buddy Nate shortly before the 2020 election. Remember that we heard about Nate Paul because a bunch of now-former top lieutenants of Paxton accused him of using the AG’s office to butt into a civil dispute between Paul and the Mitte Foundation on Paul’s behalf. That included interfering with a federal subpoena, which those senior staff members correctly saw as an abuse of the office and its powers. It also led to the allegations that Paxton’s actions on Paul’s behalf constituted a bribe, which in turn led to an FBI investigation of Paxton and the ill-fated impeachment by the Legislature.

And then that’s pretty much it. Paxton skated on the impeachment, and whatever the FBI may have found about his relationship with Nate Paul – there were rumors about forthcoming federal charges against Paxton, ones that never quite made it across the finish line, as recently as a few months ago – it is a sure thing that they’ll never see the light of day now. Paul served a few days for contempt relating to that still-ongoing civil case, and he’ll do a bit more time as a result of this plea deal, and that will be that. I have dozens if not hundreds of posts with the Nate Paul tag, and I won’t even get a lousy T-shirt out of it. Maybe something will happen with the whistleblower litigation, but I think we’ve all learned by now to keep our expectations at ground level.

So that’s it, more or less. Time to turn yet another damn page. Ken Paxton is the most undeservedly lucky bastard in the state. KVUE, the Statesman, and KXAN have more.

Posted in Crime and Punishment, Legal matters, Scandalized! | Tagged , , , , , , , , , , | 1 Comment

More on the Women’s Pro Baseball League

Good overview of the things this new league will need to do to have a good chance of success.

For the first time since the Eisenhower Administration, women dreaming of playing baseball professionally in the United States will have the opportunity to see that dream realized with a league of their own.

Last October, the Women’s Pro Baseball League (WPBL) issued its first press release to announce the founding of the country’s only professional women’s baseball league, which is set to launch in the summer of 2026. The league is co-founded by Justine Siegal — who is best known for founding Baseball For All, “[A] girls baseball nonprofit that builds gender equity by creating opportunities for girls to play, coach, and lead in the sport” — and Keith Stein, a businessman, lawyer, and member of the ownership group for a semiprofessional men’s baseball team in Toronto. The league has also brought in former Toronto Blue Jays manager Cito Gaston and Team Japan’s two-time Women’s Baseball World Cup MVP Ayami Sato as special advisors.

Women’s baseball has a long, but unfortunately sparse, history dating back to the late 1800s, when colleges in the Northeast, such as Vassar, fielded teams. Since then, women have largely accrued playing time by representing their country’s national team at the Olympics, playing on barnstorming teams – from the Dolly Vardens in the 1870s to the Colorado Silver Bullets in the 1990s – or by earning roles in leagues primarily created for men, from the amateur ranks to the pros (see Mo’ne DavisToni StoneLizzie Arlington, and more recently, Kelsie Whitmore, among many others). Aside from the All-American Girls Professional Baseball League, formed during WWII to fill a void left by the male ballplayers fighting overseas, women in the United States have not had a dedicated professional league.

So after all these years without a league, why now? “The past was the right time,” Stein says in a recent interview with FanGraphs. “Thirty years ago was the right time. Four years ago was the right time. Definitely, definitely, now is the right time.” As evidence, he notes, “There’s now a professional women’s hockey league that’s thriving, a professional women’s soccer league, a professional women’s basketball league. They’re all thriving because of the appetite, the incredible appetite, for women’s sport.”

But while the culture does seem primed to welcome more women’s leagues, an enthusiastic fan base only covers half of the demand equation. Unlike the other sports that Stein cites, women’s baseball doesn’t benefit from the existence of college programs to act as a developmental pipeline. Stein says the creation of a league will be a “catalyst for the development of a whole infrastructure around women’s baseball and hopefully spawn the development of a baseball culture in America for women.” And in the meantime, he believes there’s more than enough talent to fill the WPBL rosters. Nearly 700 players registered in the first week or so after the league’s announcement, according to Stein. “We have great professional players from around the world, top players from Japan, the U.S. — everywhere — who are very excited to play with us,” Stein says. “There are over 2,000 women playing on boys high school teams. There are thousands and thousands of players who are ready to play in this league.”

Players and fans can only get an upstart women’s league so far, though; it needs a financial support system to help it get off the ground. One way to do that would be for the women’s league to form a partnership with its male counterpart, as the WNBA did with the NBA. However, for the WPBL, partnering with MLB would mean giving men’s baseball a say in how the women’s league operates. Perhaps wary of this, the WPBL instead is choosing to remain independent and create a female-led league. To that end, the league has composed an advisory board of seven women with decades of experience in baseball and women’s sports. Maybelle Blair, a former pitcher for the All-American Girls Professional Baseball League, will serve as the board’s Honorary Chair and throw out the first pitch at the WPBL’s season opener in 2026.

The WPBL plans to hold a scouting camp this coming spring, followed by a player draft late in 2025, leading up to its first season during the summer of 2026. The league’s six inaugural teams will be located in the northeastern region of the U.S. to start, with plans to expand nationwide as the league grows. Given its ambitious aims, the challenges of starting a brand new league, and the friction created by a sports culture that is still learning to properly value athletes who aren’t men, the WPBL faces a formidable path forward. Fortunately, trailblazers across women’s sports have mapped a course. The recent explosion of eyeballs on women’s basketball sets up the WNBA as an obvious model for a women’s baseball league, but the WNBA stands on the shoulders of earlier attempts at women’s professional basketball.

Many remember the American Basketball League that started one year prior to the WNBA, and lasted just three seasons, but almost two decades prior, the Women’s Professional Basketball League (WBL) gave American basketball fans their first taste of women’s pro ball. Though the league drew thousands of fans when it tipped off, it folded after three years. The WBL demonstrated that a women’s professional league could work, but it still depended on proper execution off the court. Though women’s sports are generating “incredible interest and support,” as Stein notes in the press release, there’s a lot the WPBL can learn from the missteps of the WBL in three critical areas – team ownership, the on-field product, and media coverage.

See here for the background. The article goes into detail about those three critical areas, and it’s worth your time to read. First on the list is getting the right owners, who will be in for the long haul and who can handle a few years of being in the red as they invest in the league. I’m excited for them and hope very much they get this right.

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Texas blog roundup for the week of January 13

The Texas Progressive Alliance sends its love to the people of Los Angeles as it brings you this week’s roundup. A portal of verified fundraisers for people affected by the fires is here for anyone who might like to make a donation.

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Burrows elected Speaker

Gotta admit, I’m a little surprised.

Rep. Dustin Burrows

Rep. Dustin Burrows, R-Lubbock, was voted speaker of the Texas House on Tuesday, elevating him to one of the most powerful positions in state government.

Burrows’ win marks a disappointing defeat for the insurgent wing of the party who have been working since the last legislative session to push establishment Republicans out of power. Those insurgent Republicans, who wish to push the chamber further to the right, picked up more than a dozen seats in the most recent election cycle and saw this speaker race as their best chance in years to oust the current House leadership.

But while Burrows’ predecessor, Rep. Dade Phelan of Beaumont, was forced to give up the gavel, the elevation of his close ally signals a similar power structure will likely remain in place.

Burrows won the speaker’s race by a vote of 85-55, edging out Rep. David Cook of Mansfield, with nine members who were present but did not vote.

Burrows’ support from Democrats will likely become major ammunition for his Republican critics aligned with the party’s right wing who warned that the new speaker should be chosen by a majority of GOP votes.

It’s unlikely that Republicans will completely unite behind Burrows despite his win. Many of his critics have promised to go after Republicans who supported Burrows in the primary, and the Republican Party of Texas has vowed to censure those members who broke from Cook.

You can see who voted for whom here – the “A” votes are for Burrows, the “N”s are for Cook, and the rest did not vote. While I’ve previously said that the one constant in the Texas Legislature has been quick resolutions to Speaker elections, I thought this one might drag out, just because there was so much bad blood on the Republican side. But it wasn’t to be, so congrats to Speaker Burrows. Heavy is the head that wears the crown, and all that.

I’ve already said my piece about this, and it still holds. Anything that makes Dan Patrick sad is fine by me, and if this gums up the works in passing some bills, that’s likely to be for the best. Take your victories where you can and go from there. The Chron, Reform Austin, Bayou City Sludge, Lone Star Left, and The Barbed Wire have more, with the latter bringing some nicer news about the first day’s events as well.

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El Paso doctor responds to Paxton’s gender affirming care lawsuit

Of interest.

Dr. Hector Granados felt puzzled when he first heard of the allegations. The El Paso pediatrician had just finished his hospital rounds early in the morning last fall when he received a call from a friend. The friend saw in the news that Texas was suing Granados.

The office of Texas Attorney General Ken Paxton filed a petition Oct. 29 claiming Granados had prescribed puberty blockers and hormones to minors for gender transition – health care the state made illegal beginning Sept. 1, 2023. The court filing accuses Granados of providing gender-affirming care under the false pretense of treating precocious puberty.

Paxton filed the lawsuit in Kaufman County near Dallas, about 650 miles east of El Paso, where one of the 21 patients in the court filing is said to reside. Granados is one of three doctors Paxton sued last year for allegedly providing gender-affirming care to minors.

Granados denied the allegations.

“I was always respectful of the law and I will continue to be because we follow what it specifically mandates,” Granados said. “You’re not able to provide transgender care to minors. We stopped.”

The AG’s office didn’t respond to El Paso Matters’ requests for comment, but called Granados a “radical gender activist” in the lawsuit.

Granados told El Paso Matters he stopped providing gender-affirming care after Texas Senate Bill 14 passed in May 2023 because he didn’t want to risk getting his medical license revoked. He began informing parents and discharging his transgender patients prior to the law going into effect. Since then, he’s continued to see youths for other concerns.

[…]

In a response filed Nov. 25, Bracken filed a motion to move the case from Kaufman to El Paso, and a motion to dismiss the case.

All of the prescriptions cited in the lawsuit were filled in El Paso, according to the state’s court filing. Granados resides and works in El Paso, splitting his time between his three clinics, as well as El Paso Children’s Hospital and the Hospitals of Providence.

Scheduling out-of-town court appearances would be difficult when Granados is on call three weeks every month for neonatal, emergency and pediatric intensive care, Bracken said. Granados would have to make multiple two-day trips to Kaufman to appear in court, taking time away from the patients who depend on him, he said.

See here for the background. The story says Paxton has filed three such lawsuits. I’m aware of two – here’s the post I did on the first one. A little googling around, and here’s the third one:

Paxton accuses Dr. M. Brett Cooper, an associate professor of pediatrics at UT Southwestern Medical Center who also practiced at Children’s Medical Center Dallas, of prescribing various levels of testosterone cypionate to 15 patients between the ages of 14 and 17. Most patients listed in the lawsuit were between 16 and 17 years old.

In the 34-page lawsuit filed in Collin County, Paxton calls Cooper a “scofflaw” and “radical gender activist” — a reprisal of similar labels he used in his first two lawsuits against Dr. May Lau of UT Southwestern and Dr. Hector Granados of El Paso.

Paxton has said the state “is cracking down” on doctors who provide treatment to children experiencing gender dysphoria despite the state’s ban, which took effect Sept. 1, 2023. The law calls for the Texas Medical License to revoke the medical licenses of physicians who violate it.

Paxton said Cooper has prescribed hormone treatment to patients as recently as Sept. 25, and that patients filled prescriptions as recently as Oct. 8.

“Despite the enactment of the law, Cooper continues to prescribe and distribute cross-sex hormones to his minor patients for the purposes of transitioning their biological sex or affirming their belief that their gender identity or sex is consistent with their biological sex,” he wrote in the suit.

Paxton also accuses Cooper of misrepresenting diagnoses and billing codes through diagnoses such as “precocious puberty” or “endocrine disorder” to treat patients for gender dysphoria.

That last bit should be very concerning to everyone, because precocious puberty is a real thing. In the same way that the abortion ban has put a lot of women’s health in jeopardy because they are unable to get timely care during a miscarriage, children with precocious puberty are going to suffer from Paxton’s heavyhandedness. What does he care? Just a little collateral damage in service of the larger goal. I don’t have much faith in what the courts will do with this, but this is where we are.

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