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June 7th, 2017:

Abbott calls for special session

To begin July 18, with a laundry list of wingnut wet dreams.

Gov. Greg Abbott on Tuesday called a special session of the Texas Legislature starting July 18 and promised to make it a sweeping one if lawmakers cooperate.

Abbott gave legislators an ambitious 19-item agenda to work on — including a “bathroom bill” — but only after they approve must-pass legislation that they failed to advance during the regular session. An overtime round, Abbott said, was “entirely avoidable.”

“Because of their inability or refusal to pass a simple law that would prevent the medical profession from shutting down, I’m announcing a special session to complete that unfinished business,” Abbott told reporters. “But if I’m going to ask taxpayers to foot the bill for a special session, I intend to make it count.”

Lt. Gov. Dan Patrick had been pushing Abbott to call a special session on the bathroom issue, as well as property taxes. Abbott also added the latter item to the call, reiterating his support for legislation that would create automatic rollback elections when a city or county wants to raise property taxes above a certain amount.

In an effort to force the special session, Patrick had held hostage legislation, known as a “sunset bill,” that would keep some state agencies from closing. That “will be the only legislation on the special session [agenda] until they pass out of the Senate in full,” Abbott said.

In a statement, Patrick congratulated Abbott on his “big and bold special session agenda which solidly reflects the priorities of the people of Texas.” Patrick noted that “almost every issue” Abbott mentioned Tuesday has already passed out of the Senate.

Democrats unfurled statements condemning Abbott for proposing an agenda that largely appeals to Republican primary voters.

“Governor Abbott’s announcement today simply shows what an ineffective governor and leader he has been,” said state Rep. Chris Turner of Arlington, who chairs the House Democratic Caucus. “After providing zero leadership and interest during the regular session, the governor is clearly panicking and trying to shovel as much red meat as he can to his right-wing Tea Party base.”

You can see the agenda list at the bottom of the story. Given the usually very short agendas for special sessions, some folks are speculating that the long list of items was intended as a gesture more than an actual to-do list, as the likelihood of everything or even most things passing is pretty slim. It’s typical Abbott weak leadership – he has no compass or instincts beyond “base good, libruls bad”, so he threw in everything he could think of because why not? You know the drill here – the name of the game is throwing sand in the works, and ginning up evidence for the litigation that will follow for the things that are on the list after the handful of necessary items get done. It’s going to be another nasty summer. RG Ratcliffe, the Observer, and BOR have more.

(By the way, just so we’re all clear, the reason why the must-pass sunset legislation didn’t pass is because Dan Patrick engineered it that way, precisely to force this outcome. Patrick doesn’t need to primary Abbott, he already runs the state.)

David Bradley not running for re-election to SBOE

Good-bye.

David Bradley

Beaumont Republican David Bradley, one of the State Board of Education’s most conservative members, announced Monday that he will not seek reelection Monday.

First elected in 1996, Bradley said he has gotten tired of rehashing old debates on the board and said it is time for someone new to take up the position.

“It’s the same debates. It’s the same arguments, and they come out with the same outcomes,” Bradley told the Houston Chronicle.

The businessman was an early supporter of charter schools and took pride in “pushing back against far-left political pressure to water down textbooks and academics,” he said in a statement. His tenure is laced with criticism from left-leaning groups for his staunch conservatism.

Bradley is about 96% terrible, and I’ll be glad to see him go. Open seats are always opportunities, but one should keep one’s expectations in line, because Bradley’s district was carried by Trump by a 59-37 margin. Which is closer than the 64-35 margin for Mitt Romney in 2012, but still not exactly swing territory. This might be a good opportunity for the Texas Parent PAC to find a non-terrible Republican for the primary, as a win there for someone who actually supports public schools and doesn’t want them teaching creationism or racist history would be nice. Bradley leaving is good, but only if the person who replaces him isn’t worse.

Matt Rinaldi’s words will be used against him

Good.

Matt Rinaldi

On Monday, Representative Matt Rinaldi, called Immigration and Customs Enforcement (ICE) after hundreds of mostly Latino activists filled the House gallery to protest Senate Bill 4, the controversial ‘sanctuary cities’ ban.

Jose Garza, an attorney representing El Paso County in its suit against SB 4, told the Observer that the incident will “almost assuredly” be used to help establish in court that the Texas Legislature passed the law with “discriminatory intent.”

“This was a peaceful protest and many were citizens,” Garza said, “and Rinaldi sicced ICE on them because they were brown.”

Rinaldi, a member of the far-right House Freedom Caucus and an outspoken supporter of SB 4, said in a statement on Monday that he called ICE after seeing signs that read “I am illegal.”  After several people, including Democratic lawmakers, said there was no evidence of those signs, Rinaldi clarified in a radio interview Thursday that the signs read “undocumented and unafraid” and “undocumented and here to stay.”

See here for some background. As we have seen with the Muslim ban litigation, judges have been more than willing to pay attention to what politicians have said outside the courtroom to help discern their intent. In this case, it’s Rinaldi’s actions that give away the show. You can say whatever you want about SB4 not being anti-Latino or it not being about harassing law-abiding people, but when you have a State Rep calling ICE on peaceful protesters because he got freaked out by them and wanted to put them in their place, it all rings pretty damn hollow. Now it’s up to the courts to step in and sort it out. There will be plenty of evidence for them to consider.

(It should be noted that while Jose Garza has brought this up, the ACLU attorneys in the litigation, who are the same attorneys that successfully halted Donald Trump’s Muslim ban, are not including Rinaldi’s words at this time. Of course, that can change, and there will be plenty of opportunities for others like Rinaldi to add to the pile.)

Fifth Circuit reinstates bail order

Good.

Harris County took the fight over its controversial bail system to the U.S. Supreme Court on Tuesday, even as county officials scrambled to plan the imminent release of dozens of misdemeanor defendants held behind bars who cannot afford to post cash bail.

A federal appeals court ruling earlier Tuesday had greenlighted the release of hundreds of poor inmates held in the Harris County Jail on misdemeanor charges ahead of their trials, and Sheriff Ed Gonzalez prepared for the release of as many as 177 people starting Wednesday morning.

But in an emergency filing late Tuesday with the nation’s highest court, Harris County asked for another halt to the ruling by Chief U.S. District Judge Lee H. Rosenthal.

The county’s request went to Supreme Court Justice Clarence Thomas, who handles appeals requests from the 5th U.S. Circuit Court of Appeals. Thomas can either rule on the matter himself or take it to the full court, according to the county attorney’s office.

“In the absence of a stay, the district court’s order that Harris County — the third-largest jurisdiction in the nation — immediately release without sufficient surety untold numbers of potentially dangerous arrestees is certain to cause irreparable harm,” the county’s appeal states.

[…]

The appeal to the Supreme Court came at the end of a whirlwind day for the county in a closely watched case targeting a bail system in which poor people accused of low-level misdemeanors frequently are kept in jail because they can’t afford to post cash bail while awaiting trial.

On Tuesday morning, a three-judge panel from the 5th Circuit Court determined that Rosenthal’s ruling would remain in effect until the case goes to trial. The ruling set in motion the release of up to 177 misdemeanor detainees, who do not have money to pay cash bail and who do not have other restrictions such as mental health evaluations or federal detainers.

The inmates affected by the ruling account for about 2 percent of the total jail population of 8,800, sheriff’s officials said.

The county will comply with Rosenthal’s order until the U.S. Supreme Court weighs in.

“We know we all have to follow the order of a federal district court,” said Robert Soard, the first assistant county attorney. “We’re working with both the sheriff and pretrial services, and we’re going to try to accomplish that as seamlessly as we can.”

The sheriff’s office expected to begin releasing qualified inmates early Wednesday.

“It doesn’t mean that 177 people will walk out,” said Jason Spencer, spokesman for the sheriff. “That would be the absolute highest number. In all likelihood it will be less than that.”

See here for the background. I’m a little short on time, but you know where I stand on this. I’m rooting for Justice Thomas to decline to take up the county’s appeal, and I look forward to the county having to comply with the order. Maybe then we can finally bring this matter to a close. A statement from the Texas Organizing Project is beneath the fold.

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