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How to rig the Census

This is how you would do it.

The Trump administration’s controversial effort to add a citizenship question to the 2020 census was drawn up by the Republican Party’s gerrymandering mastermind, who wrote that it “would clearly be a disadvantage to the Democrats” and “advantageous to Republicans and Non-Hispanic Whites.” This bombshell news, revealed in newly released legal documents, suggests that the Trump administration added the question not to better enforce the Voting Rights Act, as it claimed, but to benefit Republicans politically when it came to drawing new political districts.

A case challenging the citizenship question is currently before the Supreme Court, and the new evidence significantly undercuts the Trump administration’s position in the case.

Tom Hofeller, who passed away last year, was the longtime redistricting expert for the Republican National Committee. He helped Republicans draw heavily gerrymandered maps in nearly every key swing state after the 2010 election. In some of those places, like North Carolina, the new lines were struck down for discriminating against African Americans.

In 2015, Hofeller was hired by the Washington Free Beacon, a conservative news outlet, to study the impact of drawing state legislative districts based on citizenship rather than total population, which has been the standard for decades. Hofeller’s analysis of Texas state legislative districts found that drawing districts based on citizenship—a move he conceded would be a “radical departure from the federal ‘one person, one vote’ rule presently used in the United States”—would reduce representation for Hispanics, who tended to vote Democratic, and increase representation for white Republicans. But Hofeller said that a question about citizenship would need to be added to the census, which forms the basis for redistricting, for states like Texas to pursue this new strategy.

Hofeller then urged President Donald Trump’s transition team to add the question about citizenship to the 2020 census. He urged the team to claim that a citizenship question was needed to enforce the Voting Rights Act, even though Hofeller had already concluded that it would harm the racial minority groups that the act was designed to protect. That argument was then used by the Justice Department in a December 2017 letter requesting that the Commerce Department, which oversees the census, include a citizenship question.

Hofeller’s documents were discovered on hard drives found by his estranged daughter and introduced into evidence in a separate trial challenging gerrymandered North Carolina state legislative districts drawn by Hofeller. On Thursday, lawyers challenging the citizenship question cited them in federal court. They suggest that members of Trump’s team may not have been fully forthcoming in their testimony under oath. Neither Trump transition team member Mark Neuman nor John Gore, the former assistant attorney general for civil rights who wrote the Justice Department letter, mentioned Hofeller’s involvement in the letter when they were deposed under oath as part of a lawsuit by New York and 17 other states challenging the citizenship question.

Yeah. And of course, Texas was a key to all this.

The filing includes a 2015 analysis by Hofeller that had been commissioned to demonstrate the effect that using the population of citizens who are of voting age, as opposed to total population, would have on drawing up legislative districts.

Hofeller detailed how the change would clearly be “advantageous to Republicans and Non-Hispanic Whites” by using the Texas House as his case study. He detailed how the Hispanic population would drop in traditionally Democratic districts, which would then have to grow geographically to meet constitutional population requirements in redistricting.

The loss of Democratic-leaning districts would be most severe in areas with mostly Hispanic populations, such as South Texas, El Paso and the Rio Grande Valley, which would lose 2.6 state House districts, according to Hofeller’s analysis. The change would also cost Dallas County 1.7 districts and another 1.7 districts in Harris County and its suburbs.

If the Supreme Court had required such a change at the time of the study, it would have mandated a “radical redrawing of the state House districts,” Hofeller wrote. He noted that the traditionally Democratic districts in need of more population could pick up pockets of Democratic areas in adjacent Republican-held districts and ultimately shore up the GOP’s control across the state.

But that approach was unrealistic at that point, Hofeller wrote in his study, because the government did not compile the necessary citizenship information. And he admitted it was unlikely that the Supreme Court could be convinced to alter the population standard used to draw legislative districts.

“Without a question on citizenship being included on the 2020 Decennial Census questionnaire, the use of citizen voting age population is functionally unworkable,” Hofeller said.

This is a reference to the Evenwel lawsuit, which established that states had discretion in how they drew legislative districts, but did not opine on whether drawing them based on citizen population rather than plain old population was legal. And so here we are.

The Census lawsuits have been argued before the Supreme Court, where the five Republican Justices seem inclined to let the Trump administration break the law as they see fit. Rick Hasen thinks this should-be-a-blockbuster revelation will just make the SCOTUS Five that much more likely to go with Team Trump. Hey, remember how Jill Stein supporters – and Ralph Nader supporters before her – poo-poohed concerns about the makeup of the Supreme Court if another Republican President got to pick more Justices? Good times, good times. ThinkProgress and Daily Kos have more.

Who needs disaster recovery funds?

Not this guy.

Rep. Chip Roy

A bipartisan group of Texas members of Congress will have to wait until early next month to see passage on a long-sought measure that will release more than $4 billion dollars in aid to parts of Texas that bear the brunt of hurricanes.

Legislation that swiftly passed the U.S. Senate on Thursday afternoon came to an abrupt halt on the U.S. House side at the hand of a Texan — U.S. Rep. Chip Roy, an Austin Republican.

The bill allocated over $19 billion in disaster funding for nine states and two territories. But most Texans in Congress were focused on the bill’s provision that created a 90-day deadline for the Office of Management and Budget to release billions in grant funds to Texas that Congress approved more than a year ago after Hurricane Harvey.

The disaster funding bill had languished in both chambers. But then, on Thursday, congressional leaders and President Donald Trump were able to break the logjam, and the bill swiftly passed the Senate, 85-8. The chamber’s two Texans — Republicans John Cornyn and Ted Cruz — voted for it.

By that point, most of the U.S. House was headed home for the Memorial Day recess. Members are not expected to return until June 3. The hope, among backers of the bill, was that the House would pass the bill with a voice vote – a measure that would only work if there were no objections within the chamber.

Some Texas sources had anticipated an objection to the move, but that it turned out to be a fellow Texan shocked a number of them Friday morning.

Roy’s core objection was procedural: He didn’t like the notion of moving the bill forward after the House had left town, with little time to process legislation of that scale, according to a statement he released Friday. He further blamed House Speaker Nancy Pelosi for not holding members in Washington to vote on the bill.

[…]

With the assumption that the bill passes when Congress returns from Memorial Day recess at the beginning of June, the OMB could end up waiting until late summer to release the funds — a time frame that blows past much of hurricane season, which begins June 1.

Eh, I’m sure it’s nothing to worry about. Whoever heard of a hurricane hitting Texas in the summertime? Chip Roy is a minion of Ted Cruz, who sent out an ill-timed press release lauding the quick delivery of Harvey funds before Roy’s little power ply. He learned at the feet of the master, Ted. Anyway, just a reminder that CD21 is one of the DCCC-targeted districts this cycle. We don’t have a candidate yet, but Wendy Davis has expressed interest in running. I figure this stunt will come up in the course of the campaign next year.

Congressional Republicans seek to halt SOS voter purge inquiry

I know, I’m as shocked as you are.

Still the only voter ID anyone should need

Republicans are challenging the authority of a U.S. House panel to investigate the Texas effort to purge thousands of suspected non-citizens from voter rolls, contending in letters Monday that a recent request for documents has no “valid legislative purpose.”

Rep. Chip Roy, R-Dripping Springs, and three other Republican members of the House Oversight and Reform Committee asked the committee to halt its investigations in Texas and related efforts in Georgia and Kansas.

“Your letters rely in large part on unverified media articles to suggest misfeasance or malfeasance in administering various state election laws and elections held in each of the three states,” the letter reads.

In separate letters to Texas Attorney General Ken Paxton and Texas Secretary of State David Whitley, the Republican congressmen suggest that Texas doesn’t need to comply with a request for documents because the “inquiry does not appear to have a valid legislative purpose and instead seeks confidential communications among state officials.”

[…]

[Committee member Rep. Jamie] Raskin, a law professor before he ran for Congress, asserted that Congress has the power and obligation to enforce voting rights under five separate constitutional amendments.

He said “indignant” Republicans might want to review letters written by the GOP-led Oversight Committee to states investigating the Affordable Care Act.

“It would be best if our GOP colleagues joined us in protecting voting rights, but at the very least they should stop trying to prevent us from doing our constitutionally mandated work,” he said in a statement. “Far from raising the ‘federalism concerns’ of Reps. Jordan, Hice, Cloud and Roy, this is serious federalism in action. Our colleagues should get used to it.”

See here, here, and here for the background. I say cry havoc and let slip the dogs of, um, subpoena power. The Republicans are gonna do what the Republicans are gonna do, so let’s just skip to the part where the courts sort it out.

Third Census lawsuit ruling against Trump administration

Once, twice, three times an injunction.

A federal judge in Maryland ruled Friday against the government’s addition of a citizenship question to the 2020 Census, The Washington Post reported Friday.

Judge George J. Hazel found that in deciding last year to add the question, the government violated administrative law, according to The Post. The ruling will probably be appealed to the U.S. Supreme Court, as is expected with two similar cases.

The case has Texas connections. Lawyers representing the Mexican American Legislative Caucus, the Senate Hispanic Caucus, and several Texas-based nonprofits that advocate for Latino and Asian residents have appeared before Hazel to make arguments in the case.

The plaintiffs have challenged the inclusion of the citizenship question on several fronts, alleging that it violates the U.S. Constitution’s Equal Protection Clause, the Enumeration Clause and a federal law that governs federal agencies and their decision-making processes.

The Post reported that in his ruling, Hazel wrote, “The unreasonableness of Defendants’ addition of a citizenship question to the Census is underscored by the lack of any genuine need for the citizenship question, the woefully deficient process that led to it, the mysterious and potentially improper political considerations that motivated the decision and the clear pretext offered to the public.”

See here and here for the previous rulings, and here for more on this case. All three rulings focused on statutory issues, with constitutional issues either not being part of the case (as with the first lawsuit) or not getting the same favorable treatment. That may bode well for the forthcoming appeal to SCOTUS, as the questions are much more narrowly defined. Here’s hoping. Daily Kos has more.

Trump goes all in against health care

Game on.

It’s constitutional – deal with it

The Trump administration wants the federal courts to overturn the Affordable Care Act in its entirety, an escalation of its legal assault against the health care law.

The Justice Department said in a brief filed on Monday that the administration supports a recent district court decision that invalidated all of Obamacare. So it is now the official position of President Trump’s administration that all of the ACA — the private insurance markets that cover 15 million Americans, the Medicaid expansion that covers another 15 million, and the protections for people with preexisting conditions and other regulations — should be nullified.

When combined with Trump’s endorsement of the various Republican legislative plans to repeal and replace Obamacare and other regulatory actions pursued by his subordinates, the Trump administration’s clear, consistent, and unequivocal position is that millions of people should lose their health insurance and that people should not be protected from discrimination based on their medical history.

The Justice Department had previously said that only the ACA’s prohibition on health insurers denying people coverage or charging people higher premiums based on their medical history should fall in the lawsuit being brought by 20 Republican-led states. But their latest brief removed that subtlety, saying that the entire law should go.

Legal experts dismiss the states’ argument as “absurd,” yet they have worried it could find a receptive audience among conservative jurists, given the prior success of anti-Obamacare lawsuits thought to be spurious that still found their way to the Supreme Court.

The argument has already won in the US district court in northern Texas, after all, though that decision is on hold pending appeal.

See here and here for some background. Did we mention this ridiculous lawsuit got its start in Texas? Bad lawsuits seem to be our main export these days. There’s not much we can do about what the Fifth Circuit and SCOTUS will do, but in the meantime, health care is once again a huge issue for the next election. We won once on that, we need to do it again.

A second win for plaintiffs in Census citizenship question lawsuit

It’s all up to SCOTUS now.

Commerce Secretary Wilbur Ross acted in “bad faith,” broke several laws and violated the constitutional underpinning of representative democracy when he added a citizenship question to the 2020 Census, a federal judge ruled Wednesday.

In finding a breach of the Constitution’s enumeration clause, which requires a census every 10 years to determine each state’s representation in Congress, the 126-page ruling by U.S. District Judge Richard Seeborg in San Francisco went further than a similar decision on Jan. 15 by Judge Jesse Furman in New York.

The Supreme Court has already agreed to review Furman’s narrower decision, with arguments set for April 23, but may now need to expand its inquiry to constitutional dimensions.

[…]

Unable to find any expert in the Census Bureau who approved of his plan to add the citizenship question, Seeborg wrote, Ross engaged in a “cynical search to find some reason, any reason” to justify the decision.

He was fully aware that the question would produce a census undercount, particularly among Latinos, the judge said.

That would have probably reduced the representation in Congress — and thus in the electoral college that decides the presidency — of states with significant immigrant populations, notably California.

Because census data is used to apportion distribution of federal funds, an undercount would also have cheated these same jurisdictions, the judge said.

Seeborg, like Furman, found after a trial that Ross misrepresented both to the public and Congress his reasons for adding the citizenship question last March. Ross claimed he was acting at the request of the Justice Department in the interest of enforcing the Voting Rights Act.

In reality, the “evidence establishes” that the voting rights explanation was just “a pretext” and that Ross “acted in bad faith” when he claimed otherwise.

See here for the background. A copy of the ruling is embedded in this Mother Jones story. I don’t have much to add to this other than it’s a big honking deal and would have a negative effect on Texas just as it would on states like New York and California that filed the lawsuits against it. You wouldn’t know that from the words and actions of our state leaders, though. USA Today and NPR have more.

Bush coins

Feels like it’s been awhile since we’ve had a good dollar coin story.

We can only aspire to be like Millard

A bill introduced in the U.S. Senate would authorize the U.S. Treasury to mint $1 coins honoring former President George H.W. Bush and his wife, Barbara, for the year.

The Bushes, who lived in Texas and Maine, both died in 2018.

Republican Sen. Susan Collins of Maine said the coin will pay tribute to the Bush legacy of “courage, duty, honor, and compassion” and serve as a reminder of their contributions to the country.

Sponsors include Collins and independent Sen. Angus King of Maine, along with GOP Sens. Ted Cruz and John Cornyn of Texas, and Rob Portman of Ohio.

I’m down for some Bush coinage. The previous Presidential coin series, which also included First Spouse coins, ceased after the Reagans, so there’s a void to be filled. Note that there is not yet a Jimmy Carter coin, as this is only a posthumous honor. I figure this will eventually happen, though given the current state of things it may take more than one session for it. But sooner or later you’ll be able to plunk down a couple of George and Barbaras to pay your bar tab.

MALDEF Census lawsuit in court

Census lawsuit #2.

In a federal courtroom in Maryland on Tuesday, lawyers representing the Mexican American Legislative Caucus, the Senate Hispanic Caucus and several Texas-based nonprofits that advocate for Latino and Asian residents will set out to convince U.S. District Judge George Hazel that the federal government’s decision to ask about citizenship status as part of the upcoming census is improper, because it will lead to a disproportionate undercount of immigrants and people of color.

The Texas legal battle has run mostly parallel to several other court fights across the country — and might not be decided before the New York case makes it to the U.S. Supreme Court — but it’s the only census case that could ultimately determine whether Trump administration officials conspired to deprive people of color of equal protection and representation.

[…]

What we’re referring to as the “Texas case” is actually two consolidated cases filed in Maryland — one of which was filed on behalf of more than a dozen plaintiffs, including Texas’ legislative Latino caucuses; legislative caucuses out of Maryland, Arizona and California; and several community organizations. La Unión del Pueblo Entero, a nonprofit organization based in the Rio Grande Valley, is the lead plaintiff.

Those plaintiffs are challenging the inclusion of the citizenship question on several fronts, alleging it violates the U.S. Constitution’s Equal Protection Clause, the Enumeration Clause and a federal law that governs federal agencies and their decision-making processes.

More broadly, they argue the citizenship question will lead to a disproportionate undercount of Hispanic and immigrant households, affecting areas of the country like Texas that are more likely to be home to members of those communities, and that officials’ decision to add the question was unconstitutional because it was based on intentional racial discrimination. They go further than other opponents in also alleging that Trump administration officials conspired to add the question to the 2020 questionnaire based on animus against Hispanics and immigrants, particularly when it comes to counting immigrants for the apportionment of political districts.

The federal government, which has been unsuccessful in its repeated requests to dismiss the case, has argued the question is necessary for “more effective enforcement” of the federal Voting Rights Act and was added at the Justice Department’s request. But evidence that emerged through litigation indicated U.S. Commerce Secretary Wilbur Ross asked the Justice Department to make that request after he was in touch with advisers to President Donald Trump.

[…]

In the New York case, U.S. District Judge Jesse Furman scolded the Trump administration for “egregious” violations of the Administrative Procedure Act, the federal law the Texas plaintiffs are also citing, and described Ross’ decision to add the question as “arbitrary and capricious.” Furman, however, ruled there wasn’t enough evidence to prove that Ross had intentionally acted to discriminate against immigrants and people of color.

The Texas case is moving forward despite the New York ruling because it involves allegations that the courts haven’t addressed. The New York lawsuit — filed on behalf of a coalition of more than 30 states, cities and counties, including El Paso, Hidalgo and Cameron — didn’t include some of the legal claims opponents in Texas are leaning on.

See here and here for background on this lawsuit. The New York case was ruled entirely on statutory grounds, with the Constitutional claims put aside in part because there had been no deposition of Commerce Secretary Wilbur Ross. A ruling for the plaintiffs on the Constitutional claims would be a stronger and more expansive ruling, but given the SCOTUS that we have, it seems like a ruling we are less likely to get. You never know till you try, though.

And speaking of that New York case:

The Trump administration asked the Supreme Court on Tuesday to bypass its normal procedures and decide quickly whether a question on citizenship can be placed on the 2020 Census.

[…]

Normally, the Justice Department would appeal the decision to the U.S. Court of Appeals for the 2nd Circuit. But Solicitor General Noel J. Francisco said that would not leave enough time for a final ruling from the Supreme Court.

“The government must finalize the census questionnaire by the end of June 2019 to enable it to be printed on time,” he told the court. “It is exceedingly unlikely that there is sufficient time for review in both the court of appeals and in this Court by that deadline.”

Citing a Supreme Court rule, Francisco said the “case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court.”

As this story notes, SCOTUS had a hearing to address the question of whether Secretary Ross could be deposed – they declined to allow it while the trial was happening – but since the New York court went ahead and made a ruling anyway, they have since canceled that hearing. I don’t know if they will take up the request for an expedited appeal, but it won’t surprise me if they do. (Rick Hasen, an actual expert in these matters, thinks they will.) That ruling was designed to stick to things this SCOTUS likes to uphold and away from things it likes to bat down, so who knows what they’ll do. NPR has more.

What if he does it anyway?

That’s my question.

Gov. Greg Abbott, the state’s two Republican U.S. senators and a bipartisan group of 20 U.S. House members released a letter stating their staunch opposition to raiding Texas’ hard-fought Harvey money.

“Recent reports have indicated that your administration is considering the use of U.S. Army Corps of Engineers funds, appropriated by Congress and intended for Hurricane Harvey recovery and mitigation efforts, in an effort to secure our southern border,” they wrote. “We strongly support securing the border with additional federal resources including tactical infrastructure, technology, ports of entry improvements and personnel. However, we are strongly opposed to using funds appropriated by Congress for disaster relief and mitigation for Texas for any unintended purpose.”

Congressional signatories included nine lawmakers from the Houston metropolitan region: Republican U.S. Reps. Brian Babin, Kevin Brady, Dan Crenshaw, Michael McCaul, Pete Olson and Randy Weber; and Democratic U.S. Reps. Sylvia Garcia, Lizzie Fletcher and Sheila Jackson Lee.

Texans from other regions also signed on: Republican U.S. Reps. John Carter of Round Rock, Mike Conaway of Midland, Bill Flores of Bryan, Lance Gooden of Terrell, Kay Granger of Fort Worth, Will Hurd of Helotes, Kenny Marchant of Coppell and Roger Williams of Austin; and Democratic U.S. Reps. Henry Cuellar of Laredo, Vicente Gonzalez of McAllen and Filemon Vela of Brownsville

See here for the background. That certainly is a letter. Nicely typed, good sentence structure, no spelling errors as far as I could tell. Now what happens if and when Donald Trump goes ahead and declares an emergency and tries to tap into these funds anyway, because Ann Coulter and Rush Limbaugh called him mean names again? What are you, Greg Abbott, and you, John Cornyn and Ted Cruz, and you, Republican members of Congress, going to do then? We wouldn’t be here in the first place if Donald Trump were a rational actor. He’s gonna do what he’s gonna do. What are those of you who enable him at every step going to do when that happens?

Plaintiffs win in Census citizenship question lawsuit

Very good news.

A federal judge on Tuesday blocked the Trump administration’s plan to add a citizenship question to the 2020 census, with an opinion that found the move by Commerce Secretary Wilbur Ross violated the Administrative Procedure Act.

Furman’s decision, if not overturned by a higher court, is a monumental victory for voting rights activists and immigrant advocates, who feared the question would spook immigrant participation in the census. An undercount of those populations would shift political representation and governmental resources away from those communities, in favor of less diverse, less urban parts of the country. Furthermore, there were strong hints that the citizenship data procured would then be used to exclude non-citizenships from redistricting — a long-sought goal of conservatives that would boost Republicans’ electoral advantages.

In his 277-page opinion, U.S. District Judge Jesse Furman in Manhattan said that Ross “failed to consider several important aspects of the problem; alternately ignored, cherry-picked, or badly misconstrued the evidence in the record before him; acted irrationally both in light of that evidence and his own stated decisional criteria; and failed to justify significant departures from past policies and practices — a veritable smorgasbord of classic, clear-cut APA violations.”

[…]

The case was a consolidation of two lawsuits — one brought by the ACLU and the other by a multi-state coalition — and is among some half dozen cases across the country challenging the decision, which was announced last March. Furman’s case was he first to go trial and he is the first judge to reach a decision on the merits.

It is also an issue already headed to the Supreme Court, so it is unlikely that Furman’s word will be the last one. After the Trump administration fought tooth and nail Furman’s order that Ross be deposed for the case, the Supreme Court blocked the deposition and scheduled a hearing on whether Ross’ motive for adding the question should play a role in the case for February.

Furman said that his decision Tuesday was based solely on the so-called administrative record — the official record that administration put forward justifying its process of coming to a decision on the question.

By basing his ruling only on the administrative record, Furman segregated his findings from the contentious issue at the heart of dispute the Supreme Court will hear next month.

“Looking beyond the Administrative Record merely confirms the Court’s conclusions and illustrates how egregious the APA violations were,” he said.

While ruling with the challengers on the Administrative Procedures Act claim, the judge did not find a constitutional due process violation, as the challengers alleged.

“In particular, although the Court finds that Secretary Ross’s decision was pretextual, it is unable to find, on the record before it, that the decision was a pretext for impermissible discrimination,” he said. “To be fair to Plaintiffs, it is impossible to know if they could have carried their burden to prove such discriminatory intent had they been allowed to depose Secretary Ross, as the Court had authorized last September.”

His opinion took a not-so-veiled swipe at Justice Neil Gorsuch, who wrote, when the dispute over deposing Ross was at the Supreme Court at an earlier stage, that there was nothing wrong with a new cabinet secretary “cutting through red tape.”

“[A]lthough some may deride its requirements as ‘red tape,’ the APA exists to
protect core constitutional and democratic values,” Furman wrote. “It ensures that agencies exercise only the authority that Congress has given them, that they exercise that authority reasonably, and that they follow applicable procedures — in short, it ensures that agencies remain accountable to the public they serve.”

See here for the previous update. Though you wouldn’t know it from the slavish devotion our state leaders pay to Donald Trump, this ruling is very good for Texas. There will of course be an appeal and as noted this will surely make its way to SCOTUS, but for now this is a big win. ThinkProgress, Slate, and Mother Jones all have good analyses of the opinion, so go check ’em out.

It’s always possible to make a border wall proposal stupider

Here’s Exhibit A.

An emergency Trump administration plan to tap storm protection funds to pay for a border wall was slammed Friday by Houston lawmakers who said it could endanger the city’s recovery from Hurricane Harvey and jeopardize the region’s preparedness for future storms.

While details of the proposal remained unclear, lawmakers in both parties scrambled to win assurances from the White House and allay concerns about projects in the Gulf Region, including a proposed coastal barrier to protect Galveston Bay and the Houston Ship Channel.

Reports that President Donald Trump has been briefed on a plan to use unspent money from Army Corps of Engineers projects heightened tensions in Congress about his threat to use emergency powers to build hundreds of miles of barriers along the U.S.-Mexico border, much of it in the Rio Grande Valley.

The controversy also highlighted long-standing concerns about the slow pace at which Washington has released emergency disaster funds to Texas since Hurricane Harvey in 2017.

I wonder if this is what Trump meant when he said that Dan Patrick had offered to help pay for the wall? Maybe someone should ask him. There’s too much mendacity and stupidity here to waste time analyzing this, though my friend Amy Patrick took a crack at it from an engineering perspective. Not that any of this really matters, since Trump changes his mind every five minutes about what he does and doesn’t want. It does serve as a good distraction from the reporting that Trump is an asset of Russian intelligence, so there’s that. Happy Monday, everyone.

The Blake Farenthold Memorial Sexual Harassment Bill

That’s what this should be called.

Blake Farenthold

Less than a year after Corpus Christi Republican Blake Farenthold left Congress behind with an $84,000 settlement for sexual harassment, the House and Senate have agreed to make lawmakers pay their own misconduct judgments.

The legislation, which the House and Senate each passed unanimously on Thursday, caps a year of acrimonious debate over how to handle sexual harassment claims on Capitol Hill.

Under the terms of a bipartisan deal reached this week, members of the House and Senate would assume financial liability for settlements and judgments stemming from sexual harassment complaints. Historically, taxpayers have picked up the tab.

The issue came to a head last April when Farenthold, a four-term congressman, resigned amid an Ethics Committee investigation into allegations of improper conduct by at least three former staffers. That followed revelations that Congress had already covered an $84,000 settlement reached in a 2014 harassment suit brought by Lauren Greene, his former communications director.

The payment came to light last December only after House administrators, under pressure in the early months of the #MeToo era, agreed to release summary data on payouts involving Capitol Hill offices.

[…]

While denying any personal wrongdoing in the case, Farenthold initially vowed to repay taxpayers. He later reneged, however, on the “advice of counsel.”

He also refused a request by Gov. Greg Abbott to help defray the estimated $200,000 in expenses for the special election prompted by his early departure. Victoria Republican Mike Cloud was elected to replace him.

Farenthold later took a job lobbying for the Calhoun Port Authority, a move that sparked further controversy because of his involvement as a member of Congress in trying to steer a contract to Randy Boyd, the port’s chairman.

Campaign finance reports also showed that Farenthold, who had a net worth in the millions, spent more than $100,000 from his campaign account on legal bills before and after the Ethics probe.

From the bottom of my heart, Blake: Go fuck yourself.

RIP, George H.W. Bush

The 41st President passed away on Friday evening.

George Bush

George Herbert Walker Bush, whose lone term as the 41st president of the United States ushered in the final days of the Cold War and perpetuated a family political dynasty that influenced American politics at both the national and state levels for decades, died Friday evening in Houston. He was 94.

Bush was the last president to have served in the military during World War II. His experience in international diplomacy served him well as he dealt with the unraveling of the Soviet Union as an oppressive superpower, and later the rise of China as a commercial behemoth and potential partner.

His wife of 73 years, Barbara Pierce Bush, died April 17, 2018, at the age of 92.

Steeped in the importance of public service, Bush always felt the lure of political life. It snared him in 1962 when he was chosen to head Houston’s fledgling Republican Party. He spent the next three decades in the political limelight, a career largely free of scandal or great controversy, with one exception — his role as vice president in the Iran-Contra scandal.

The second of five children, Bush was born on June 12, 1924 in Milton, Massachusetts, to Prescott and Dorothy Bush.

There’s a ton more out there on former President Bush, you could spend all weekend reading about him and his distinguished life. There is much one can say about George H.W. Bush. I will say that he was a war hero, a family man, and someone who always heard and answered the call to service. I don’t know when we may see another Republican President like him. My sincere condolences to the Bush family and the many friends of George H.W. Bush. Rest in peace, sir.

Who wants to protect our voting systems from hackers?

You would hope the answer to that question would be “everyone”, but that’s not the world we currently live in.

A bipartisan group of 21 state attorneys general are demanding Congress’ assistance in protecting the 2018 election. Writing to Rep. Michael McCaul, chairman of the House Homeland Security Committee and Sen. Roy Blunt, Senate Rules and Administration Committee Chairman, the AGs ask for “assistance in shoring up our systems so that we may protect our elections from foreign attacks and interference.”

“As the latest investigations and indictments make clear,” they write “during the 2016 election, hackers within Russia’s military intelligence service not only targeted state and local election boards, but also successfully invaded a state election website to steal the sensitive information of approximately 500,000 American voters and infiltrated a company that supplies voting software across the United States.” Combatting that incursion and giving the electorate “confidence in our democratic voting process” is “imperative,” they write. “The integrity of the nation’s voting infrastructure is a bipartisan issue, and one that affects not only the national political landscape, but elections at the state, county, municipal, and local levels.”

Their direct demands: “Prioritizing and acting on election-security legislation” in the form of the Secure Elections Act (S.2261), a bipartisan bill that would provide additional grants and assistance to states to shore up systems; “Increasing funding for the Election Assistance Commission to support election security improvements at the state level and to protect the personal data of the voters of our states”; and, “Supporting the development of cybersecurity standards for voting systems to prevent potential future foreign attacks.”

You can see the very reasonable letter here. Seems simple and straightforward, no? You can also see that none of those AGs are Ken Paxton. Maybe that’s why he doesn’t want to debate – he doesn’t want to get asked pesky questions about that sort of thing.

The status of Confederate monument removal

We still have a long way to go.

Texas has removed the most Confederate symbols and statues in the country since 2015, according to a new Southern Poverty Law Center study. But the trend does not extend to the state Capitol, where lawmakers have been reluctant to take down monuments and plaques.

Texas cities removed 31 symbols, which include statues and renaming of schools and streets, according to the report. Austin led the way, with the removal of 10 symbols, the majority of them on the UT campus. Houston renamed seven schools and one street.

Cities in Texas and across the country have removed hundreds of symbols following the mass shooting at a black church in Charleston in 2015, which prompted lawmakers in South Carolina to remove the Confederate flag from the statehouse.

“As a consequence of the national reflection that began in Charleston, the myths and revisionist history surrounding the Confederacy may be losing their grip in the South,” the SPLC argues in its report. “Yet, for the most part, the symbols remain.”

Houston ISD spent $1.2 million to change the names of eight schools that once honored figures of the Confederacy. Reagan High became Heights High; Davis High was changed to Northside High; Lee High took the name of longtime educator Margaret Long Wisdom; Johnston Middle was changed to Meyerland Performing and Visual Arts Middle School; Jackson Middle became the Yolanda Black Navarro Middle School of Excellence; Dowling Middle was renamed after Audrey Lawson; and Lanier Middle changed its first name to honor former Houston Mayor Bob Lanier instead of Confederate poet Sidney Lanier.

Dowling Street, named after Houston businessman Dick Dowling who served as a lieutenant in the Confederacy, was renamed Emancipation Avenue by the City of Houston in January 2017.

Two controversial monuments remain in city parks.

The Spirit of the Confederacy statue has stood in Downtown’s Sam Houston Park for 110 years. A monument commemorating Dick Dowling was erected in Market Square Park in 1905 before moving to its current location in Herman Park.

You can read the SPLC report here. There’s a sidebar story in there about the history and origin of Stone Mountain in Georgia, which, yeah. Go read that if you’re not familiar with what I’m talking about. I don’t know if they counted this sort of thing, but in addition to the schools that got renamed, HISD also recently got rid of a Confederate-themed school mascot. So yes, progress.

One place where a lot more progress could and should be made in short order is in the state Capitol. State Rep. Eric Johnson, who has been leading the charge to get a particular historically false plaque removed, just submitted a brief to the AG’s office regarding the authority of the State Preservation Board, which includes Greg Abbott and Dan Patrick, to remove that “Children of the Confederacy Creed” plaque. He subsequently got support from outgoing Speaker Joe Straus.

The Republican speaker of the Texas House says a Confederate plaque hanging in the state Capitol can — and should — be removed immediately.

In a letter to Attorney General Ken Paxton, Speaker Joe Straus called the plaque offensive and misleading. And he agreed with Rep. Eric Johnson, the Dallas Democrat pushing for its removal, that the Texas Preservation Board has the power to remove the plaque immediately.

“Every year, thousands of visitors to the Capitol are exposed to this inaccurate plaque,” the San Antonio Republican’s staff wrote on the Speaker’s behalf. “Maintaining it in its present location is a disservice to them and to history. The plaque should either be removed or relocated to a place where appropriate historical context can be provided.”

[…]

Johnson said he was disappointed he hasn’t heard from Abbott in the seven months since the two men sat down to discuss the plaque. He wants the governor to call a meeting of the board and vote on his request to remove this plaque. If the agency fails to act quickly on his request, he wrote, a court of law could compel it to do so.

“The Curator similarly cannot let a request languish,” Johnson wrote. “Should the Curator fail to act on a change request within a reasonable period of time, mandamus can issue to require the Curator to act.”

One may be disappointed in Abbott, but one shouldn’t be surprised. Straus has previously backed removing the monument, so if Abbott and Patrick would get off their butts and take action, we could get this done tomorrow. What are you waiting for, guys?

Scenes from the March For Our Lives

From Houston:

Nearly 15,000 descended Saturday morning on downtown Houston for the city’s March For Our Lives, advocating for greater gun control in light of last month’s Florida school shooting.

A mix of children and adults gathered in Houston’s Tranquility Park for the student-led march, many carrying signs that illustrated their fear of violence and demand for legislative action.

“I didn’t know what to expect here today, but I just expect change in the government,” said Austin Luchak, a ninth-grader at The Woodlands College Park High School who attended the march with his father. “I hope they follow through.”

Hundreds of marches are taking place across the country, largely driven by students who are organizing the events. The rally in Washington included Texans like Kay Hopper, a retiree from Austin who showed up with her daughter, son-in-law and grandchild. “I’m hoping that what starts here will change the world in Texas,” Hopper said.

[…]

In Houston, organizers expected 10,000 to 20,000 attendees to gather in Tranquility Park and march toward U.S. Sen. Ted Cruz’s office.

“Today, I hope our voices are heard, because we are the ones that go to school,” said Azariah Haro, a junior from Langham Creek High School in Cy-Fair ISD, who traveled to Saturday’s event with three friends. “I really hope we’re able to make a change.”

As protesters milled about shortly before the 9 a.m. start, volunteers worked to register young voters inspired into political action. Many brought signs voicing opposition to the National Rifle Association, while others implored replacing legislators who have been more supportive of expanded gun rights.

Emphasis mine. I’ll get back to that in a minute. Mayor Turner spoke at the rally, and he announced the creation of the Mayor’s Commission to End Gun Violence. Details will be forthcoming. In the meantime, there were rallies around the state as well.

In more than 800 planned “March for Our Lives” events across the country – including in Austin, Houston and Dallas – students and families protested against gun violence and called on lawmakers to take decisive action.

Thousands clogged Austin’s Congress Ave and gathered outside the pink-domed Capitol building, chanting and applauding as speakers – including Mayor Steve Adler, actor Matthew McConaughey and the local high school students organizers of the event – took their turns rallying the crowd.

“We cannot allow one more child to be shot at school. We cannot allow one more teacher to make the choice to jump in front of an assault rifle,” said state Sen. Kirk Watson, D-Austin. “Not one more.” The crowd broke into chants of “Not one more!” as he spoke.

Many of the speakers at the Austin event pointedly described state lawmakers’ dithering on gun-control laws, and called for reforms – like a ban on assault-style weapons and bolstering the background-check process.

“Now there is not one solution that will prevent mass shootings,” Adler, the mayor, said at one point, “but there are common sense solutions most people can agree upon.” He suggested people on airlines’ “no-fly” lists should be banned from purchasing guns, and said, “if you can’t buy a gun in a gun store, you shouldn’t be able to buy a gun at a gun show.”

Watson dismissed a push to arm school staff and educators with weapons by saying teachers in the state are already-overburdened. “Adding sharpshooter to their list of obligations is ridiculous,” he said.

There were many more marches around the country and around the world as well. These are great to see, but what comes next is of greater importance. There is – correctly – a lot of focus on Congress, as there is a lot that can and should be done at the federal level to reform gun laws. Part of the reason for that is because Democrats have a decent chance of retaking the House, and even if they can’t get the Senate this year, it along with the Presidency are very doable in 2020.

It’s a much bigger challenge at the state level – the Lege isn’t flipping, and statewide offices are very much longshots. But we can make gains, and we can state our goals for state government, which if nothing else can serve as both vision and rallying cry. Right now, though, I don’t know what those goals are – I’m not even sure I could say what they should be. We’re pretty clear on things like education, health care, equality, the environment, and criminal justice, but gun issues have not been in the foreground except for when we have had to play defense. Someone asked me recently if I could point them to a legislative scorecard for gun control, and the only one either of us could find was from the NRA. There are local chapters here of national groups like Everytown for Gun Safety and Moms Demand Action, but again that focus has been on the national scene. We know that if we want to change things in Texas we need to win more elections, but we need the candidates we are electing to have gun safety as one of their mandates. What is it we hope to accomplish on this issue in the Legislature in 2019? That needs to be our starting point.

Ted Cruz has your personal data

Hope that doesn’t creep you out.

Not Ted Cruz

Sen. Ted Cruz is under fire for his connections with a voter targeting firm that used data taken from 50 million Facebook users without their knowledge.

The Cruz presidential campaign touted its collaboration with Cambridge Analytica as a sign of a cutting edge run for the White House, allowing the Texan to carefully identify likely supporters. The firm shifted allegiance to Donald Trump once the Texan dropped out of the GOP primaries.

Both campaigns pumped millions into the company, controlled by billionaire Robert Mercer — a key patron first of Cruz and then Trump in 2016.

Cruz continued work with Cambridge Analytica for six months after allegations surfaced in December 2015 that the firm was using Facebook data it had received illicitly. Recent revelations show the data harvesting was far more extensive than previously suspected, and possibly among the biggest privacy breaches in history.

“It was a grossly unethical experiment because you are playing with the psychology of an entire country… in the context of the democratic process,” whistleblower Christopher Wylie, a data scientist who worked for Cambridge Analytica, told The Guardian. “It is a full service propaganda machine.”

Texas Democrats blasted Cruz on Monday for benefiting from a “massive invasion of privacy” and demanded that Cruz explain when he knew the company had engaged in “deceitful activity.”

“Ted Cruz will stop at nothing to weasel his way into power, even if it means weaponizing stolen information to manipulate people to like him,” Texas Democratic Party deputy executive director Manny Garcia said in a press release. “Cruz’s campaign exploited personal information to create psychological profiles on millions of Americans. All to keep lining the pockets of Cruz’s billionaire super PAC donors — like Robert Mercer, who funded this propaganda machine.”

Cruz spokeswoman Catherine Frazier declined a request for comment on Monday.

Boy, when was the last time Ted Cruz didn’t have something to say? (He has since offered a statement that puts all the blame on Cambridge.) There’s plenty more out there about Cambridge Analytica if you want to keep reading. If you’d like to ask Ted Cruz to give you your data back, you can call his office at (202) 224-5922. I look forward to seeing this subject explored in more detail in campaign ads later this year. RG Ratcliffe and the Dallas Observer have more.

Nothing to see here

Remain calm, all is well.

Next Saturday, March 24, hundreds of Texas Democratic Party activists will gather at the Austin Hyatt Regency to nominate candidates for political office in Travis County, a kick-off event leading up to the 2018 midterm elections.

But some people who tried to register will not be attending, among them Candida McGruder. Gustavo Chubb. Geraldo Tinsley. Vincent Amundson. Roxie Male.

That’s because these five individuals and 43 others who signed up to attend don’t appear to be Travis County residents, or Texans, or even Americans. They might not even be real people. They may be pranksters — or they may be Russian trolls, and their appearance in Texas could represent the first public example of foreign probing of the 2018 elections.

Five senior intelligence officers, two current and three former, say the case of the Texas 48 looks like Russian meddling. And they tell NBC News that despite the clumsiness of the failed registrations, the Texas case fits a pattern of Russian behavior seen in its covert operations.

[…]

Earlier this year, as Texas party officials prepared for the March 24 county meetings that would nominate candidates for office, Glen Maxey noticed something odd about online registrations for the Travis County meeting in Austin. Some of the people attempting to register either didn’t fully fill out their online form or provided obviously false information.

Maxey, legislative affairs director for the Texas Democratic Party and a former member of the Texas House of Representatives, said that at the time just over 2,500 Texas citizens had successfully registered online for the Travis County meeting. He went through the aborted registrations by hand, checking to see whether the registrations had been “kicked back” because of simple errors, in which case he would follow up with the individuals.

Maxey found a few unfinished registrations that were simple mistakes. But he identified 48 that were problematic, meaning they seemed unconnected to anybody living in Texas. Twenty-five of those 48 were trying to register with email addresses ending in “mail.ru.” Those last two letters, .ru, are the internet designation for domains in Russia.

Maxey told NBC News he and his team hadn’t seen any other examples of pranks or false registrations in past cycles. He also said he didn’t know who to contact in Texas state government and had received no guidance from either state or federal authorities regarding anything to do with potential Russian interference.

[…]

So are the Russians coming?

On the surface, said cyberintelligence expert and NBC News consultant Sean Kanuck, “this almost sounds like junior high school students ordering pizzas under fake names.”

But beneath the surface, Kanuck thinks perhaps something more sinister could be afoot.

Despite the ham-handedness that announces an obvious Russian origin, said Kanuck, who served as the first national intelligence officer for cyber issues at the Office of the Director of National Intelligence from 2011 to 2016, the methods and even the in-your-face nature of the trolling fit the pattern of “a Russian strategic campaign to delegitimize the democratic electoral process.”

“I would speculate that Russia is testing the waters for possible interventions or disruptions in the future,” Kanuck said.

Nothing to worry about, I’m sure. Boys will be boys, right? Donald Trump will get his top men right on it.

The sad fate of some giant Presidential heads

It is to weep.

It is a peculiar sight – Ronald Reagan has a large mark on his damaged face, George Washington is missing a piece of his nose, William Taft has a stain trailing from his eye to cheek, Millard Fillmore has a bee’s nest inside of his nose and Abraham Lincoln has a gigantic hole in the back of his head, eerily evoking his unfortunate fate.

This is just some of the damage on a few of the 43, 20ft-tall busts of former U.S. presidents that sit shoulder-to-shoulder in the most unlikely of places – a field on a farm in rural Croaker, Virginia.

It may only be two hours away from Washington DC, but it’s a world away from the nation’s capital.

Titled the Presidents’ Heads by creator David Adickes, the larger-than-life sculptures have become an eerie sight on businessman Howard Hankins property in Croaker.

The derelict statues that weigh up to 20,000 lbs each were once part of the now-failed Presidents’ Park in Williamsburg, Virginia.

The park was a collaboration between Adickes and landowner Everette ‘Haley’ Newman. They pair opened it in 2004 with hopes that it would attract thousands of visitors yearly after they invested $10million of their own money for it.

[…]

But it did not attract the hordes of visitors they wished for partly due to its poor location behind a motel off I-64 and being located far from Colonial Williamsburg.

The Presidents’ Park shut down in 2010 with the land being sold off. Newman enlisted the help of Hankins to have the statues, worth an estimated $6.5 million in total according to Adickes, demolished.

‘When they asked me to get rid of them, I immediately starting thinking of how I could move them without destroying them,’ Hankins, who had helped to construct the Presidents Park, told Richmond.com.

Instead of demolishing them, Hankins paid $50,000 to move the busts to his 400-acre pastoral farm in Croaker for safe-keeping once he figured out what to do with them.

In 2016, Hankins came up with the idea to create his own Presidential Historic Park featuring the busts along with other attractions.

We’ve heard about this before, and it’s still sad. Long story with lots of pictures somewhat shorter, the Hankins plan didn’t work out, and the fabled Giant Presidential Heads have fallen into disrepair. The pictures are actually kind of disturbing, and more than a little sad for a dedicated fanboy like me. Demolishing them would have been a kinder fate. I suppose they could still have use as props in a dystopian future TV show or movie – I bet the Walking Dead folks could work them in – but really, they deserved better. At least there are some others that are still out there, doing their thing in a more dignified fashion.

Don’t hold your breath waiting for Harvey aid

Your Republican Congress, ladies and gentlemen.

Republican lawmakers were hammering out a stop-gap deal Wednesday to avert a weekend government shutdown of the federal government this weekend, setting aside a long-sought disaster aid package for the victims of Hurricane Harvey and other natural disasters.

Frustrations are rising among officials in Houston and Austin over the inaction. As Texas officials feared, an $81 billion storm relief bill passed by the House in December continues to languish amid congressional brinkmanship over a wider budget agreement, with Republicans insisting on funding President Donald Trump’s border wall and Democrats holding out for a deal to protect young immigrants from deportation.

A spokeswoman for Texas Gov. Greg Abbott called the standoff a disappointment.

“The governor has been in frequent contact with leaders in Congress and the administration advocating the necessity for funding to rebuild Texas,” said the spokeswoman, Ciara Matthews. “He has received assurance after assurance. Yet every day that goes by without funding is another day that Texans who have been upended by Hurricane Harvey go without the resources needed to rebuild their lives.”

With time running out on a midnight Friday deadline to keep the lights on in Washington — the third since last September — GOP leaders unveiled a plan Tuesday night to pass another stop-gap funding measure until February 16.

With most Democrats expected to reject the plan, GOP leaders were whipping up support Wednesday to pass the funding extension with Republican votes alone. It remained uncertain, though, whether the plan could win the support of conservative Freedom Caucus members and defense hawks pushing for a full year of military spending.

Freedom Caucus Leader Mark Meadows, a North Carolina Republican, sounded a skeptical note Tuesday night, telling Capitol Hill reporters, “There’s not enough support to pass it with GOP-only votes in the House.”

The Republicans don’t need any Democratic help to pass a bill to keep the government funded, as they have the majority in both houses of Congress. Except they do need Democratic help because they’re a bunch of dysfunctional lunatics who can’t tie their own shoes without help. Enough members of their caucus won’t vote for anything non-destructive to prevent them from being able to get stuff done. You know what you’d get with a Democratic Congress? Not this. Being functional and keeping the lights on is what Democrats do. Oh, and providing disaster aid in a timely fashion, they do that too. It’s something they believe in, you know? Just something to keep in mind.

Some pushback on Jeff Mateer

A small bit of sanity.

Even as President Donald Trump rushes to fill federal judge openings across the nation, a top Senate Republican is urging the White House to put the brakes on an outspoken nominee from Texas.

Iowa Republican Chuck Grassley, chairman of the Senate Judiciary Committee, said Tuesday that he told Trump to “reconsider” two controversial judicial nominees:

Jeff Mateer of Texas and Brett Talley of Alabama.

“I’ve advised the White House they ought to reconsider,” Grassley told CNN. “I would advise the White House not to proceed.”

Mateer, a top aide to Texas Attorney General Ken Paxton, was nominated by Trump to be federal judge in Texas. He has faced bipartisan criticism for a series of speeches in 2015 on homosexuality, including a reference to transgender children as part of “Satan’s plan.”

Talley, a Justice Department lawyer and candidate for a federal judge position in Alabama, has come under fire for urging readers in a 2013 blog post to join the National Rifle Association while attacking gun control legislation after the Sandy Hook Elementary School massacre as “the greatest attack on our constitutional freedoms in our lifetime.”

With no previous judicial experience, Talley became the third judicial nominee since 1989 to receive a unanimous rating of “not qualified” from the American Bar Association, a move that Republicans have decried as partisan.

See here for some background. That appeared on Tuesday, and by Wednesday Sen. Grassley had had enough.

The Senate Judiciary Committee’s top Republican said Wednesday that two of President Trump’s nominees for open seats on the federal bench will not be confirmed, just a day after urging the White House to “reconsider” them.

U.S. Sen. Charles E. Grassley, R-Iowa, said that based on his discussions with the White House, the nominations of Jeff Mateer and Brett Talley would not move forward through the confirmation process. The decision comes after reports that both nominees made public comments celebrating groups or policies that were discriminatory.

Good. Look, if you’re a Republican, surely you can see that you can do better than these two clowns. There are plenty of severely conservative potential judges out there who are also well-qualified for the job and are capable of acting like normal human beings. It’s really not much to ask, even from Donald Trump. Well, maybe it is too much to ask from Trump. In which case, voting losers like Mateer and Talley down might get the message across. Advise but don’t consent, in other words. Score one for a smidgeon of sanity.

Rally against the GOP tax scam

Are you upset about the terrible tax giveaway passed by the Senate last week? (If you aren’t, you should be.) Here’s one action you can take to channel those feelings.

Rally Against Robbery! The People Fight the Tax Scam.
Hosted by Indivisible Houston and Tax March – Houston.

Wednesday at 6 PM – 8 PM
Houston City Hall
901 Bagby St, Houston, Texas 77002

The #GOPTaxScam just robbed The People right in front of the watchful eyes of the world. By ramming a partisan package full of anti-poor provisions down the collective throats of the masses, 45 and his gang of congressional thugs have declared war on hardworking taxpayers and every single person who makes up the American social fabric, and we have had ENOUGH.

Join us to fight back as Congress seeks to reconcile its dueling versions of robbery and deliver a giftwrapped heist to mega-corporations on the backs of working class and middle class families, just in time for Christmas.
The Rally Against Robbery will include an extension of The People’s Filibuster, an auctioning off of each of our individual Houston area Congressional reps to finance the programs they have attempted to cut, and a united front against the worst legislation to hit reconciliation committees in decades.

Join if you can, but whether you can or you can’t, remember that the bill hasn’t received final passage yet. There’s still a need to fight, which means a need to call your Congressperson and Senators and tell them what you think of this abomination. And then of course vote out all of ’em who supported it.

Rep. Al Green’s articles of impeachment

Gauntlet thrown.

Rep. Al Green

U.S. Rep. Al Green, a Houston Democrat, introduced formal articles of impeachment against President Donald Trump on the House floor Wednesday during a session otherwise devoted to whistleblower protection legislation.

In his argument for impeaching the president, Green read out several of Trump’s tweets, arguing that his statements on several recent national controversies had “incited bigotry” against various minority groups, including African-Americans playing in the National Football League, transgender individuals serving in the military and Puerto Ricans recovering from a natural disaster. During his long-shot impeachment pitch, Green also criticized the president’s failure to condemn an August white supremacist rally in Charlottesville, Virginia, and called Trump out for claiming to have won the popular vote in November’s presidential election.

“[Trump] has undermined the integrity of his office, has brought disrepute onto the presidency, has betrayed his trust as president to the manifest injury of the people of the United States of America and as a result is unfit to be president,” Green said. “He warrants impeachment, trial and removal from office.”

See here and here for the background. There’s also the whole nuclear war thing, in case you want something a bit more tangible to hang your hat on. I feel confident saying that this will go nowhere until either the Dems retake the House or Trump does something so egregious even the Republicans can’t ignore it. What that might be, after all we’ve already seen and experienced, I have no idea. But I’d like to think it exists, even if I’d rather not encounter it. The Chron, the Press, and the Current have more.

Sure would be nice if we could not kill CHIP

Just a thought.

Insurance coverage for more than 390,000 Texas children and pregnant women is in jeopardy after Congress failed to renew authorization for a federal program.

Congressional authorization for the Children’s Health Insurance Program, which provides low-cost health insurance for children from low- and middle-income families, expires Sept. 30.

Without federal funding, Texas has enough money for CHIP to last until February 2018, according to estimates by the Texas Health and Human Services Commission. However, federal lawmakers say they’re working on a plan to continue the program before funding runs out for Texas.

“States don’t want to have to disenroll their kids,” said Maureen Hensley-Quinn, senior program director at National Academy for State Health Policy, a non-partisan group that advises states on health policy. But “there may come a time when [they] have to send families letters” letting them go.

Some other states are in worse shape than we are, not that that’s much consolation. You’d think it would be – what’s that word? – pro-life to not want a program that keeps 400,000 children healthy to not go down the budgetary toilet. I’d feel more reassurance if there were some public statements about this from state leaders, but you know how that goes. As a wise man once said, hold on to your butts. TPM and the Chron have more.

On DACA

I don’t have enough words to sufficiently condemn Donald Trump’s shameful decision to end the Deferred Action for Childhood Arrivals program. So, I’m going to let these people to speak for me. And these people, and these people, and this guy, too. Donald Trump pardoned Joe Arpaio, and now he wants a million kids to deport themselves. We should never forget that, nor should we forget the lickspittles like Ken Paxton who urged him on. If you’ve ever wondered if there’s a bottom to this administration or its enablers, the answer is no. There’s always lower to go. Stace has more.

The “death by a thousand cuts” strategy

How To Kill A Health Insurance Market, Non-Legislative Division:

It’s constitutional – deal with it

The move by the White House to quietly end the contracts of two companies key to assisting people enrolling for insurance under the Affordable Care Act caught Houston health advocates off guard – but not by surprise.

Given the temperature in Washington these days and efforts by Congress and President Donald Trump’s administration to let the law fail, they said it was just the latest in a string of actions to sabotage the law known as Obamacare.

“It’s clearly by design,” said Elena Marks, president and CEO of Episcopal Health Foundation and proponent of the ACA and its impact on the uninsured and health access for Texans.

Last week, contracts for Cognosante LLC and CSRA Inc., which helped in signup efforts for the past four enrollment periods in 18 cities, including Houston, were not renewed for a final option year, the Associated Press reported.

[…]

Tiffany Hogue, policy director for Texas Organizing Project, an advocacy group for low- and moderate-income Texans, said she had not heard about the contract cancellations but felt, “in the scheme of things it’s not really a surprise.”

“The intent is to let the law die,” she said.

She said the administration from its first day has seemed determined to undercut the law. Hours after inauguration, the new president signed an executive order directing federal agencies to loosen any regulations surrounding the law that were considered “burdensome.”

Days later, as the 2017 enrollment period was coming to a close, the new U.S. Department of Health and Human Services withdrew funding for the final advertising push traditionally aimed to lure a surge of last-minute enrollees.

Additionally, the 2018 enrollment period is being shortened, cut in half to run from Nov. 1 to Dec. 15 instead of until Jan. 31.

The idea is to push enrollment down so that when it does go down you can point at it and say “look, see, it’s in a death spiral” and then take more obvious action to finish the job. Which may not be necessary now, but it’s Plan B as needed. And all those people who will be sicker and poorer as a result? Just a bit of collateral damage. I’m sure they’ll understand.

Not many states are honoring that “give us your voter data” request

Glad to hear it.

Still the only voter ID anyone should need

Forty-four states and the District of Columbia have refused to provide certain types of voter information to the Trump administration’s election integrity commission, according to a CNN inquiry to all 50 states.

State leaders and voting boards across the country have responded to the letter with varying degrees of cooperation — from altogether rejecting the request to expressing eagerness to supply information that is public.

[…]

But the commission, which is chaired by Vice President Mike Pence, seemed to misunderstand voter privacy laws nationwide. Every state that responded to the commission’s letter said it could not provide Social Security numbers, for example. Others said they consider information such as birth dates and party affiliations to be private.

What’s more, Kobach asked states to supply the information through an online portal. Many states have rejected this specific request, noting that the commission should file a voter information request through established state websites, as any other party would.

As of Tuesday afternoon, two states — Florida and Nebraska — are still reviewing the commission’s request. Another two states — Hawaii and New Jersey — have not returned CNN’s request for comment. And while six states are still awaiting a letter from the commission, four of them — New Mexico, Michigan, South Carolina and West Virginia — have already pledged not to provide voters’ private information. The other two of those six states, Arkansas and Illinois, have not released statements ahead of receiving the letter.

Just three states — Colorado, Missouri and Tennessee — commended Kobach’s attempt to investigate voter fraud in their respective statements.

See here for the background. You can see a list of how each state responded at the bottom of the article. In the meantime, the DMN has the details about how Texas will respond.

Texas will release voters’ full names, addresses, dates of birth, voter history dating back to 2006 and a person’s voting status, according to the list that the office provided to The Dallas Morning News. Officials said the federal commission’s request is being treated as a public records request.

The secretary of state’s list did not quell concerns about how the information will be used. Justin Levitt, an election expert at Loyola Law School in Los Angeles, said the information is protected against commercial use by state law.

But it will be publicly available once the state hands it over to the commission, which could lead to people sidestepping Texas law to gain access to voter information for commercial gains.

“If I’m someone that can really use this data to sell you something, I may not be able to get it from Texas, but I can turn around and go to the federal commission and get it from them,” Levitt said.

[…]

Levitt said Texas could deny the request on the grounds that the commission is violating federal laws, including the Privacy Act of 1974. Under that law, the federal government has to inform Congress that it is collecting information on individuals and explain why. It would also need to tell the public it was collecting the information and lay out guidelines for protecting it.

The law rarely allows for such information collection with few exceptions, Levitt said.

“Some of the information that Kobach has requested and the secretary of state has said he would release, like voter history and political party, seems squarely in the prohibitions the federal government isn’t supposed to collect,” Levitt said.

“There is absolutely no connection between political party and whether you can vote or not,” he added. “I cannot see a legitimate reason why they want it.”

Sounds like an opportunity for a lawsuit to me. If Mississippi can tell the Trump commission to go jump in the Gulf of Mexico, I don’t see why Texas ought to be handing this data over without at least a cursory inquiry as to who will have access to it and how it will be safeguarded. And if you find yourself getting more junk mail afterwards, you will know who to thank for it. Slate has more.

Texas will turn over some voter info to Trump vote “fraud” commission

I have three things to say about this:

Still the only voter ID anyone should need

Texas will hand over personal information of the state’s more than 15 million voters to President Donald Trump’s commission that is looking into voter fraud.

Secretary of State Rolando Pablos said his office will share any publicly available information with Trump’s commission as requested, including the names, addresses, dates of birth and political party affiliations. But the state will not be sharing partial social security numbers as Trump’s commission asked for because that information is not part of Texas’ voter rolls.

“The Secretary of State’s office will provide the Election Integrity Commission with public information and will protect the private information of Texas citizens while working to maintain the security and integrity of our state’s elections system,” Pablos said. “As always, my office will continue to exercise the utmost care whenever sensitive voter information is required to be released by state or federal law.”

Pablos’ comments come as governors in some states have flat out refused a request by the commission this week to hand over data.

[…]

The White House on Friday responded by questioning why states would refuse to hand over the information to the commission.

“I think that’s mostly a political stunt,” White House spokeswoman Sarah Huckabee Sanders told reporters in Washington.

Using an executive order, Trump on May 11 created his commission to go after what he has told Republicans was 3 million to 5 million illegal votes cast in the 2016 election — a claim that has not been verifiable.

1. Let’s be very clear that Kris Kobach is an extreme partisan hack whose primary interest is in making it harder/impossible for as many people to vote as he can. He has a long track record of doing this, along with a long track record of being extremely anti-immigrant. Other members of this travesty have similar track records. This is a star chamber whose existence is owed to a giant lie about “illegal” votes. The whole point of this exercise is to purge people off of state voter rolls, just as the Dubya Bush-era Justice Department tried to do, featuring some of the same cast of deplorables as today. There is zero legitimacy to any of this. It is all malevolent.

2. As the Texas Election Law Blog notes, the state of Texas is legally prohibited from supplying confidential information (which includes Social Security numbers and Texas drivers license numbers) to the commission. Which is nice, but it’s hardly a guarantee. For example, as Sondra Haltom reminds us:

You should know that a bill was proposed this past session (HB 3422 by Laubenberg and Fallon) that would have allowed the TX SOS to provide voters’ Social Security numbers to Kobach as part of his Kansas Interstate Voter Crosscheck (read: flawed, illegal voter purge) program. Luckily it died, but not before it got out of the House Elections Committee. Just FYI. Sleep well.

And as Glen Maxey reminds us, it could be even worse:

Two sessions ago, the Republicans passed “Crosscheck” through the Texas legislature. This was a program to send all our voter data to the state of Kansas who ran a program to cross check it to other participating states to find “duplicates”. I fought it vigorously, but it passed. That program is run by Mr. Kobach, Kansas Sec. of State.

Our SOS didn’t implement the program because there was another statute in the Government code that prohibited sending dates of birth and social security and driver’s license numbers to others.

Maxey appears to be referring to SB 795 from 2015. I’m not enough of an expert to tell you the difference between these bills. What I can tell you is that there’s nothing stopping Greg Abbott from adding an item to require compliance to this sham commission to the special session agenda.

3. Remember when Texas leaders would file a lawsuit rather than comply with anything the federal government wanted them to do? Boy, those were the days. Can you even imagine the reaction from Abbott and Patrick and Paxton if the Obama administration or (sigh) a Clinton administration had tried this? Daily Kos, the WaPo, the Trib, the NYT, NPR, and Rick Hasen have more.

Doctors against bathroom bills

Good.

[Last] week, the American Medical Association (AMA), the country’s largest medical organization, took several actions to solidify their defense of transgender people. This included a resolution opposing any policy or legislation — like “bathroom bills” put forth in North Carolina and Texas — that prohibits transgender people from living according to their gender identity throughout society.

During its annual meeting in Chicago [last] week, the AMA House of Delegates approved a resolution favoring “Access to Basic Human Services for Transgender Individuals.” As drafted, the resolution notes that laws that restrict which facilities transgender people can use “place undue harm on the physical and social well-being and safety of transgender individuals.” It also highlights the way that transgender minors “are at particular risk of social, mental, and physical detriment by being forced to disregard their gender identity or to publicly identify as transgender due to these policies.”

Thus, the AMA officially opposes “policies preventing transgender individuals from accessing basic human services and public facilities in line with one’s gender identity, including, but not limited to, the use of restrooms.” The resolution also calls for the creation of additional policies that “promote social equality and safe access to basic human services and public facilities for transgender individuals according to one’s gender identity.”

I’m glad to see it. This is exactly what a responsible, caring establishment organization ought to do. I would be remiss if I did not note that this is not enough. The politicians who are pushing these bills aren’t doing so because they are misinformed or misguided. They’re doing it because they see political advantage in pushing them, and because they do not care at all for the people they hurt by doing so. The proper response to politicians of this type is to vote them out of office. Which brings me to the awkward fact that the Texas Medical Association endorsed Dan Patrick in 2014. Now, the TMA is not the AMA – I googled around and searched their respective websites, and I can’t honestly say if there’s any official relationship between the two organizations. But they do broadly share the same mission, and I have no doubt that many members of the TMA are also members of the AMA, and vice versa. It may not be the AMA’s place to tell the TMA what to do, but if the AMA wants to achieve its goals as stated above, it’s going to need organizations like the TMA to be aligned with them on it, and to take the lead in the states where it is relevant. Words are good, but action is necessary.

Maybe we should be a little more concerned about election security?

Just a thought.

Russia’s cyberattack on the U.S. electoral system before Donald Trump’s election was far more widespread than has been publicly revealed, including incursions into voter databases and software systems in almost twice as many states as previously reported.

In Illinois, investigators found evidence that cyber intruders tried to delete or alter voter data. The hackers accessed software designed to be used by poll workers on Election Day, and in at least one state accessed a campaign finance database. Details of the wave of attacks, in the summer and fall of 2016, were provided by three people with direct knowledge of the U.S. investigation into the matter. In all, the Russian hackers hit systems in a total of 39 states, one of them said.

The scope and sophistication so concerned Obama administration officials that they took an unprecedented step — complaining directly to Moscow over a modern-day “red phone.” In October, two of the people said, the White House contacted the Kremlin on the back channel to offer detailed documents of what it said was Russia’s role in election meddling and to warn that the attacks risked setting off a broader conflict.

The new details, buttressed by a classified National Security Agency document recently disclosed by the Intercept, show the scope of alleged hacking that federal investigators are scrutinizing as they look into whether Trump campaign officials may have colluded in the efforts. But they also paint a worrisome picture for future elections: The newest portrayal of potentially deep vulnerabilities in the U.S.’s patchwork of voting technologies comes less than a week after former FBI Director James Comey warned Congress that Moscow isn’t done meddling.

“They’re coming after America,” Comey told the Senate Intelligence Committee investigating Russian interference in the election. “They will be back.”

[…]

One of the mysteries about the 2016 presidential election is why Russian intelligence, after gaining access to state and local systems, didn’t try to disrupt the vote. One possibility is that the American warning was effective. Another former senior U.S. official, who asked for anonymity to discuss the classified U.S. probe into pre-election hacking, said a more likely explanation is that several months of hacking failed to give the attackers the access they needed to master America’s disparate voting systems spread across more than 7,000 local jurisdictions.

Such operations need not change votes to be effective. In fact, the Obama administration believed that the Russians were possibly preparing to delete voter registration information or slow vote tallying in order to undermine confidence in the election. That effort went far beyond the carefully timed release of private communications by individuals and parties.

One former senior U.S. official expressed concern that the Russians now have three years to build on their knowledge of U.S. voting systems before the next presidential election, and there is every reason to believe they will use what they have learned in future attacks.

To put this another way, you don’t have to hack voting machines to wreak havoc on our elections. Simply undermining confidence in the process is enough. And unfortunately, Republicans like Mitch McConnell were not at all interested in any of this last year, so don’t hold out hope that they will want to take action about it for next time. There’s a lot of work to be done to fix this mess. Daily Kos and Chalie Pierce have more.

Mayors (still) against climate change

Someone’s gotta do it.

On Thursday, President Donald Trump officially announced that the United States would be withdrawing from the Paris climate agreement, citing the deal’s failure “to serve American interests.”

Hours later, governors, mayors, and environmental groups all had a different message: We’ll take it from here.

“Donald Trump has absolutely chosen the wrong course,” California Gov. Jerry Brown (D) said on a press call following Trump’s announcement. “California’s economy and America’s economy is boosted by following the Paris agreement.”

In the wake of the Trump administration’s sudden withdrawal from the international stage, local leaders — especially, though not limited to, those in progressive areas of the country — are recommitting to their work on climate policy. Brown, for instance, will reportedly discuss merging California’s existing carbon market — a cap and trade program started in 2012 — with China when he travels to Asia later this week. Canada has also reportedly been reaching out to U.S. governors to try and coordinate work on climate change.

Brown also joined with Govs. Jay Inslee (D-WA) and Andrew Cuomo (D-NY) to create the United States Climate Alliance, a coalition that will include states committed to meeting emission reduction targets previously submitted to the Paris climate agreement regardless of what action the federal government takes. Together, California, Washington, and New York represent one-fifth of the United States’ GDP — creating an economy larger than most countries that are party to the Paris agreement. The states also account for at least 10 percent of the country’s total greenhouse gas emissions.

“I am proud to stand with other governors as we make sure that the inaction in D.C. is met by an equal force of action from the states,” Inslee said in a press statement announcing the creation of the alliance on Thursday. “Today’s announcement by the president leaves the full responsibility of climate action on states and cities throughout our nation. While the president’s actions are a shameful rebuke to the work needed to protect our planet for our children and grandchildren, states have been and will continue to step up.”

U.S. mayors also voiced their criticism of Trump’s decision, vowing to recommit to local efforts to curb climate change. Cities are responsible for 75 percent of global greenhouse gas emissions, meaning that even small changes in city-wide policies — retrofitting street lamps with LED bulbs, for instance, or deploying electric vehicles for city-owned cars — can make a big dent in the country’s overall emissions.

“Austin will not stop fighting climate change,” Steve Adler, mayor of Austin, Texas, said in a press statement following Trump’s announcement. “Worldwide, cities will lead in achieving climate treaty goals because so much of what’s required happens at the local level. Regardless of what happens around us, we’re still Austin, Texas.”

Houston is in on this as well; you can see his press statement here. This is nothing new for Houston – in fact, if you go to the Climate Mayors homepage, you’ll see that former Mayor Parker was one of the founders. (I noted it at the time.) It’s good to see, and it’s yet another reminder of the importance of local elections, as I have a much harder time imagining the runnerup in the 2015 Mayor’s race being out front on this.

Rep. Al Green calls for impeachment

He will have company.

Rep. Al Green

Amid multiple Trump-related scandals rocking the Capitol, U.S. Rep. Al Green, D-Houston, called for the impeachment of President Donald Trump from the House chamber on Wednesday morning.

“I rise today, Mr. Speaker, to call for the impeachment of the president of the United States of America for obstruction of justice,” he said. “I do not do this for political purposes…I do this because I believe in the great ideals this country stands for: liberty and justice for all.

“Our democracy is at risk…This offense has occurred before our very eyes,” he said, describing Trump’s firing of former FBI Director James Comey, who led an investigation of Trump associates’ ties to Russian intelligence.

“We cannot allow this to go unchecked. The president is not above the law,” he added. “It is time for the American people to weigh in.”

As the story notes, Rep. Green had made similar statements the day before in an interview. I trust you can find all the background and news links you want on this – it’s nigh impossible to escape from at this point. I don’t know what the endpoint of this journey is, nor do I know how long it will take to get there. But I’m pretty sure Rep. Green will have plenty of company along the way.

Cornyn’s colleagues cool to him as FBI Director

Boy, with friends like these

Big John Cornyn

There is a growing obstacle standing in the way of Sen. John Cornyn, R-Texas, becoming the next director of the FBI — his own Republican colleagues.

Led by Majority Leader Mitch McConnell, R-Kentucky, a chorus of GOP senators has signaled that they would prefer President Trump to nominate somebody other than the second-ranking ­Republican senator, despite his status as a well-liked and influential figure on Capitol Hill.

Their message: It’s nothing personal. But if Trump were to nominate Cornyn, who has shown interest in the job, it would trigger a raft of consequences that could be detrimental to McConnell and the broader GOP agenda.

Sen. Thom Tillis, R-North Carolina, offered a response that was common among Republican senators Monday, praising Cornyn’s qualifications before adding: “I’d hate to lose him.”

“My own selfish thing would be to say, ‘Oh, he’s a terrible person — don’t do it,’ ” Tillis quipped.

Senate Republicans are hoping Trump takes their concerns into consideration as he zeros in on his choice. The president said Monday that his search was “moving rapidly.” McConnell predicted that Trump would make an appointment “in a week or so.”

[…]

Among other concerns, some fear that nominating a top political leader would roil a confirmation process in which Democrats are already emboldened to cry foul over former director James B. Comey’s abrupt firing. Since Trump’s inauguration, Cornyn has been a loyal defender of the president — including on the Senate Judiciary and Intelligence committees, which have been looking at the Trump campaign’s ties to Russia.

“I told him I thought he’d be a good FBI director under normal circumstances,” Sen. Lindsey Graham, R-South Carolina, said in an interview. “But I think the politics of this is just — he gets it. He’d be an outstanding FBI director. But I just, quite frankly, think that last week made it tough.”

Sen. Tim Scott, R-South Carolina, said there is a need now for “someone who can lead us in the direction we need to go, and that doesn’t eliminate partisan folks, but there’s no question that the country seems to be — to find more confidence and credibility in someone who’s probably not involved in partisan politics.”

See here and here for the background. Can’t imagine why the Republicans might be a wee bit concerned about the politics of this, but I’m sure they’ll figure out what their story is. In a sense, it doesn’t matter who Trump picks. Left to his own devices, he will either pick a toady or someone who will be forced to tarnish his own reputation in the service of his new lord and master. (And yes, it will be a dude. Donald Trump does not put the ladies into positions of real power.) In addition, whoever Trump picks will and should cause Senate Democrats to shut the place down until he pledges to continue the Russia investigation that Comey started, with the increase in resources that Comey had asked for just before getting canned. Basically, there’s no acceptable candidates that Trump himself might be willing to appoint. (No, Merrick Garland doesn’t count – the only reason he’s being mentioned is one part troll job, and one part to get a vacancy on the DC Court of Appeals. No thanks.)

So anyway, I get where the Republicans are coming from on this, and that’s before factoring into the equation the possibility, no matter how slim, that a Democrat could win the seat in a special election. There’s no upside here. If I were advising someone with a role in this, I’d say just elevate the top deputy director, who is now serving as the acting director, and be done with it. Which Trump won’t do because the guy won’t swear personal loyalty to the toddler king, but that’s their problem. Have fun with it, fellas.

Cornyn on shortlist to replace Comey

Interesting.

Big John Cornyn

U.S. Sen. John Cornyn is on the short list to succeed James Comey as FBI director, according to a White House official.

Cornyn is one of about 11 contenders for the post, according to Fox News.

He has strong relationships with members of his conference and would likely sail through confirmation. Prior to his election to the Senate in 2002, Cornyn served as Texas attorney general, a Texas Supreme Court justice and a local judge.

In the immediate aftermath of Comey’s firing, Cornyn did not take the opportunity to lobby for the position.

“I’m happy serving my state and my country,” he told reporters off the Senate floor.

But that comment came Wednesday, which was a lifetime ago during a dramatic week in Washington.

[…]

A Senate vacancy could make for dramatic change in the state’s political pecking order.

Gov. Greg Abbott would be tasked with a short-term appointment, but several months later the state would hold a special election to finish the duration of the term, which ends in 2021.

When Lloyd Bentsen resigned from the U.S. Senate to become Treasury Secretary in 1993, Gov. Ann Richards appointed former U.S. Rep. Bob Krueger, a Democrat, to hold the post until a special election could be held. That was a noisy affair with two dozen candidates — including a couple of sitting members of Congress at the time — that ended with Texas Treasurer Kay Bailey Hutchison beating Krueger in the special election runoff. She ran successfully for a full term the next year and remained in the U.S. Senate until the end of 2012.

As the story notes, the odds of this happening are quite slim, so anything we say here is highly speculative. But hey, isn’t that what a blog is for? The main thing I would note is the timing of a special election to complete Cornyn’s unexpired term. The special election in 1993 to succeed Lloyd Bentsen took place on May 1, 1993, which was the first uniform election date available after Bentsen resigned and Krueger was appointed. That means a special election to replace Cornyn – again, in the unlikely event this comes to pass – would then be in November of this year, with that person serving through 2020. The good news here is that it means that an elected official who isn’t subject to a resign-to-run law would be able to run for this seat without having to give up the seat they currently hold. I’m sure if we put our heads together, we can think of a sitting member of Congress who might be enticed to jump into such a race.

Two other points to note. One is that, at least according to the story, Abbott is not allowed to appoint himself. It’s not clear to me why that is so – the story references “precedent based in common law, not statute”, so I presume there was a lawsuit or maybe an AG opinion in there somewhere. I know I recall people urging Ann Richards to appoint herself in 1993, but it may be the case that she was not allowed to due to the same precedent. Someone with a more extensive understanding of Texas history will need to clarify here. Point two is that if Abbott names a sitting Republican officeholder, then there would of course be a special election to replace that person, either (most likely) this November for a member of Congress or next year for a statewide official. And yes, Abbott could appoint Dan Patrick, perhaps to take him out of any possible challenge to himself in 2018. Keep that in mind if your first instinct is to cheer a possible Cornyn departure. Like I said, all highly speculative, so have fun batting this around but don’t take any of it too seriously just yet.