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May 19th, 2017:

Friday random ten: Fluxblog 1981

Fluxblog 80’s set #2:

1. Stand And Deliver – Adam and the Ants
2. Rise Above – Black Flag
3. What A Day That Was – David Byrne
4. (We Don’t Need This) Fascist Groove Thing – Heaven 17
5. Computer Love – Kraftwerk
6. Fire On The Bayou – The Neville Brothers
7. Harden My Heart – Quarterflash
8. Arc Of A Diver – Steve Winwood
9. Silent Scream – TSOL
10. Out Come The Freaks – Was (Not Was)

There are I believe 120 songs per yearly “album” in this collection. I’m just picking every 12th song (more or less) for these lists. I know I’ve heard “Harden My Heart” and “Arc Of A Diver” on regular FM rock radio back in the day – not in 1981, but later in the 80s and 90s, when good old album-oriented rock was still something you could find on the dial. More recently, “What A Day That Was” and “(We Don’t Need This) Fascist Groove Thing” have been played on the Sirius FirstWave 80s alternative station. I’m sure the others have been played somewhere, but not within my hearing. Which of these songs have you heard on the radio, if you’re old enough to be the kind of person that ever listened to the radio?

Senate passes ban on straight-ticket voting

It’s happening.

The Texas Senate gave initial approval Wednesday to legislation that would eliminate straight-ticket voting in all elections.

By a vote of 20-10, senators passed House Bill 25 over objections from Democrats who warned of unintended consequences — including a disproportionate impact on minority voters.

“Frankly, I don’t see any purpose for this legislation other than trying to dilute the vote of Democrats and, more specifically, minorities,” said state Sen. Royce West, D-Dallas.

The bill’s supporters say it would force voters to make more informed decisions in individual elections. “What we’re doing is showing every race matters,” the Senate sponsor, Republican state Sen. Kelly Hancock of North Richland Hills, said Wednesday.

The legislation’s backers also argue it would bring Texas in line with at least 40 other states that do not allow straight-ticket voting, the option for voters to automatically cast their ballot for every candidate from a single party. Straight-ticket ballots made up nearly 64 percent of total votes cast in the state’s 10 largest counties in 2016.

The preliminary approval of HB 25 on Wednesday came after Hancock amended it to postpone its effective date from September 2017 to September 2020. That will allow candidates more time to prepare for the change, Hancock said.

You know how I feel about this. I’ve got no more arguments to make. There’s been talk of a lawsuit, and I won’t be surprised if one gets filed. The Republicans could improve their position by addressing the issue of the longer lines that will result from the removal of this option – more money to counties to buy more voting machines for early and precinct voting locations would help a lot. I don’t they’re any more likely to do this than they were to mitigate the 2011 voter ID bill, but they have that option and they’ll have the 2019 legislative session in which to exercise it. We’ll see what they do. The Press has more.

Appeals court hears Paxton prosecutors pay arguments

Meanwhile, back in Dallas, the 5th Court of Appeals had a hearing on the never-ending lawsuit by a Collin County crony to cut off payments to the Ken Paxton special prosecutors.

Best mugshot ever

On its face, the lawsuit filed by Jeffory Blackard, who has donated to Paxton’s campaign, appears to be an attempt to undermine the prosecution of the attorney general, who faces three counts of felony securities fraud in McKinney.

But Blackard’s attorney, Edward Greim, argued that the case is about a taxpayer fighting government excess. In January, the appeals court ordered Collin County to stop paying the three lawyers prosecuting Paxton’s criminal fraud case until the justices could hear the case. Collin County District Attorney Greg Willis recused himself from trying the case because he and Paxton are friends. Special prosecutors were hired in his place.


The heart of the suit comes down to whether a taxpayer can block payments to special prosecutors on the grounds that the fees are illegal and not simply unreasonable.

“Is there a difference between unwise and illegal decisions?” asked Justice David J. Schenck.

The attorney for the special prosecutors, David Feldman, said such lawsuits take the decisions away from the elected officials — in this case, county commissioners. And he said this lawsuit could open the door for more taxpayer lawsuits nitpicking every penny spent.

“Why have a representative form of government? We should just try everything through the judiciary,” Feldman said.

See here and here for some background. The case was rescheduled from May to September at the request of the prosecutors so this matter can be resolved. As you know, I think the plaintiff’s argument is ridiculous, but I also think the state needs to pick up the tab here. The latter isn’t going to happen, so Collin County needs to suck it up. We’ll see what the judges think.

State seeks Medicaid money it gave up over Planned Parenthood ban


Right there with them

Four years after Texas gave up millions of dollars in federal Medicaid funds so it could ban Planned Parenthood from participating in a family planning program for low-income women, the state is asking the Trump administration for the money back.

The request presents an important early test for the administration of President Trump, who recently appointed an anti-abortion official to oversee federal family planning programs. Under President Obama, federal health officials would not allow Medicaid funds to flow to the Texas program after it excluded Planned Parenthood, because federal law requires states to give Medicaid beneficiaries their choice of “any willing provider.”

If the administration agrees to restore the funding for Texas, it could effectively give states the greenlight to ban Planned Parenthood from Medicaid family planning programs with no financial consequences.

“They’re asking the federal government to do a 180 on its Medicaid program rules,” said Elizabeth Nash, a policy analyst at the Guttmacher Institute, a research center that supports abortion rights. “And depending how this shakes out, you could see a number of other states follow suit.”


In its draft waiver application, the state said it hoped that by turning Healthy Texas Women back into a Medicaid waiver program, it would improve access and participation. The application noted that Texas had the nation’s highest birthrate, with more than 400,000 births in 2015, more than half of which were paid for by Medicaid. It also noted than more than one-third of pregnancies in the state were reported as unintended, and that Texas had one of the highest teen birthrates in the country.

On Monday, at a public hearing on the plan in Austin, several women and representatives of health advocacy groups expressed concern about the request.

“A strong Healthy Texas Women program should include Planned Parenthood,” said Blanca Murillo, 25, who said she relied on Planned Parenthood for contraception that helped treat her polycystic ovary syndrome when she was a student at the University of Texas. “I’m asking the state to choose the health of Texas women — which it has a duty to protect — over scoring political points.”

Stacey Pogue, senior policy analyst at the Center for Public Policy Priorities, a liberal research group, pointed to the so-called freedom of choice provision in Medicaid and said she was concerned that “submitting the waiver as is would invite litigation.”

A spokeswoman for the Centers for Medicare and Medicaid Services, or C.M.S., which oversees Medicaid waiver programs, declined to comment.

Carrie Williams, a spokeswoman for the Texas Health and Human Services Commission, said, “We’re been encouraged to present new and innovative ideas to C.M.S. for discussion for possible funding. This is a new administration, and we’re looking at what funding opportunities may exist for us.”

Texas is also seeking to cut off all Medicaid funding to Planned Parenthood; a federal judge blocked the effort earlier this year, but the state is appealing the decision.

It’s for stuff like this that Republicans have remained loyal to Trump regardless of the disaster he creates everywhere. They want their shiny ideological objects, and it doesn’t get much shinier than shivving Planned Parenthood. Who cares if some of the money winds up going to frauds? It’s not like they actually cared about women’s health in the first place. So yes, I expect this request to be granted in short order, and then replicated in other states. The only way to undo that is going to be to undo who is in charge of the government. The Associated Press, the Trib, and the Current have more.

More “sanctuary cities” plaintiffs gearing up

Local governments are not going down without a fight.

On Tuesday, which organizers said was the beginning of a “summer of resistance,” Austin City Council member Delia Garza said the city will move this week to take formal action to stop SB 4 in the courtroom.

“I am proud to announce today, with much gratitude for my colleagues, this Thursday we are poised to approve a resolution that directs our city legal team to take any legal action necessary to challenge this awful law,” she said at Tuesday’s rally, which was organized by the Austin City Council, Texas Organizing Project and United We Dream.


“I have to preserve the work of these brave leaders in Austin,” said Phillip Kingston, a member of the Dallas City Council. “We will be discussing intervening in the case, coming to the aid of Austin because we have a large city attorney’s office we have lots of legal resources.”

Later, El Paso County Commissioner David Stout said the Commissioner’s Court there voted 4-to-1 to move forward with a federal lawsuit in the Western District of Texas.

“We feel that it’s discriminatory and unconstitutional but also we have a settlement agreement … from back in 2006 that basically states we’re not able to have our law enforcement officers to enforce federal immigration law,” he said. “So [SB4]will in effect put us in non compliance.”

Stout was referring to a 2006 legal settlement that El Paso County agreed to after a local resident sued, accusing sheriffs’ deputies of conducting unlawful immigration checks at roadside checkpoints. The parties reached an agreement: The sheriff’s office had to “memorialize in writing its policies that prohibits Sheriff’s Department Deputies from enforcing civil immigration law.”

Paxton has since said that El Paso County would be in compliance but local leaders disagree. The El Paso Times reported that County Judge Veronica Escobar said the county would allocate about $150,000 for litigation costs.

There are multiple lawsuits already in the courts or in the works, plus the one filed by the state to try to head this off. The main question I have at this point is whether there will be a bunch of individual lawsuits filed by various entities – cities, counties, and school districts may all want in on the action – or one monster lawsuit with a gazillion plaintiffs. Either way, there will be no shortage of work for a lot of attorneys. One other point is that while several cities – Austin, Dallas, El Paso, San Antonio – are gearing up to fight, as yet I have seen no indication that Houston will join in. I have seen some griping about this on Facebook, but so far it’s limited to that. CM Robert Gallegos was at the event in this story, but if anyone has asked Mayor Turner what his intentions are or if a Council member has announced an intention to push the issue, I have not yet seen it. The Statesman, the Observer, the Current, and the Press have more.