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August 23rd, 2017:

Pastoral malignancy

Know your enemy.

A day before the Texas Legislature ended its special session this week, a session that included a high-profile fight over a “bathroom bill” that appeared almost certainly dead, David Welch had a message for Gov. Greg Abbott: call lawmakers back to Austin. Again.

For years, Welch, executive director of the Texas Pastor Council, has worked to pass a bill that would ban local policies that ensured transgender individuals’ right to use restrooms in public schools and government buildings that match their gender identity. The summer special session, which was quickly coming to a close, had been Welch and other social conservatives’ second chance, an overtime round after the bill — denounced by critics as discriminatory and unnecessary — failed during the regular session that ended in May.

But with the Texas House unlikely to vote on a bathroom bill, Welch gathered with some of the most conservative Republicans in that chamber to make a final plea. The bill, they argued without any evidence, would prevent men from entering bathrooms to sexually assault or harass women.

“If this does not pass during this special session, we are asking for, urgently on behalf of all these pastors across the state of Texas, that we do hold a second special session until the job is done,” Welch said at the press event, hosted by Texas Values, a socially conservative group.

Though the group of lawmakers, religious leaders and activists were still coming to terms with their failure to get a bill to Abbott’s desk, for Welch’s Pastor Council, the years-long fight over bathroom restrictions has nonetheless been a galvanizing campaign.

The group, which Welch founded in 2003, has grown from a local organization to a burgeoning statewide apparatus with eyes on someday becoming a nationwide force, one able to mobilize conservative Christians around the country into future political battles. If Abbott doesn’t call lawmakers back for another special session to pass a bathroom bill, the group is likely to shift its attention to the 2018 elections.

“Our role in this process shouldn’t be restricted just because people attend church,” Welch told The Texas Tribune. “Active voting, informed voting, is a legitimate ministry of the church.”

[…]

With primary season approaching, members of the Pastor Council are preparing to take their campaign to the ballot box and unseat Republicans who did not do enough to challenge Straus’ opposition to a “bathroom bill.” Steve Riggle, a pastor to a congregation of more than 20,000 at Grace Community Church in Houston and a member of the Pastor Council, said he and others are talking about “how in the world do we have 90-some Republicans [in the 150-member Texas House] who won’t stand behind what they say they believe.”

“They’re more afraid of Straus than they are of us,” he said. “It’s about time they’re more afraid of us.”

First, let me commend the Trib for noting that the push for the bathroom bill was based on a lie, and for reporting that Welch and his squadron of ideologues are far from a representative voice in the Christian community. Both of these points are often overlooked in reporting about so-called “Christian” conservatives, so kudos to the Trib for getting it right. I would just add that what people like Dave Welch and Steve Riggle believe, and want the Lege and the Congress to legalize, is that they have a right to discriminate against anyone they want, as long as they can claim “religious” reasons for it.

As such, I really hope that Chris Wallace and the rest of the business community absorbs what these bad hombres are saying. I want them to understand that the power dynamic in the Republican Party has greatly shifted, in a way that threatens to leave them on the sidelines. It used to be that the Republican legislative caucus was owned and operated by business interests, with the religious zealots providing votes and logistical support. The zealots are now in charge, or at least they are trying to be. Dan Patrick and Ken Paxton and increasingly Greg Abbott are on their side, and now they want to take out Joe Straus and enforce complete control. Either the business lobby fights back by supporting a mix of non-wacko Republicans in primaries and Democrats in winnable November races, or this is what the agenda for 2019 will look like. I hope you’re paying attention, because there may not be a second chance to get this right. The DMN has more.

We could get a special session on redistricting

At least, that’s what State Sen. Dawn Buckingham thinks.

Sen. Dawn Buckingham

State Sen. Dawn Buckingham, R-Lakeway, expects the Legislature to be called back for another special session — this time to tackle the state’s congressional map.

Monday evening at the Central Texas Tea Party’s monthly meeting, Buckingham discussed federal judges invalidating two Texas congressional districts and the recently concluded special legislative session.

[…]

Whether Gov. Greg Abbott calls another special session hinges on the U.S. Supreme Court’s ruling, Buckingham said.

If the nation’s highest court upholds the lower ruling then the Legislature will be back to address the map, the senator added. And it’s a very sensitive issue, too, she said.

“When you touch one, it touches the line next to it and it touches the line next to it,” Buckingham said. “You’re touching a lot of lines when you’re doing that.”

On top of the congressional districts, Buckingham thinks state House districts will get swept into a possible redrawing. Legal challenges to the state House map were not addressed by the federal judges, the Tribune reported.

“I’m guessing we’re heading back for that,” the first-term senator said, adding it’s up to Abbott to call a special session and what lawmakers will legislate. “He’s in charge of specials. He can call them when he wants them.”

See here and here for the background. The three-judge panel has denied the state’s motion to stay its ruling pending appeal, so if SCOTUS declines to intervene at this time then we are getting new maps, whether Lege-drawn or court-drawn. I don’t know how much of what Buckingham says is based on speculation, but this scenario makes sense, especially if the State House map is thrown out as well. All eyes on SCOTUS, y’all. Via Bud Kennedy on Facebook.

5th Court of Appeals screws Paxton prosecutors

Ugh.

Best mugshot ever

The prosecutors pursuing charges against Attorney General Ken Paxton haven’t been paid in more than a year and a half — and they will continue to wait on a payday.

On Monday, the 5th Court of Appeals in Dallas voided a $205,000 invoice dating back to January 2016, saying state laws and local rules did not allow the three special prosecutors to be paid the $300-an-hour rate they were promised.

[…]

[David Feldman, attorney for the special prosecutors,] argued state law and local rules gave Collin County district judges, who decide how much to pay special prosecutors, discretion to stray from fee rules in unusual circumstances. He called it “honorable” that his clients continued to prosecute the case when they hadn’t been paid in 19 months.

But the Dallas court on Monday sided with the commissioners, saying Texas law requires counties to “set both minimum and maximum hourly rates” in these cases. By adopting local rules that allowed them to exceed their own maximum fees, the court said “the judges exceeded their authority.

“The statute does not prevent the judges from taking into consideration the possibility of ‘unusual circumstances’ in setting the range of reasonable fees allowed,” Justice Molly Francis wrote for the court. “But the legislature intended each county to have an agreed framework that sets out the specific range of reasonable fees that could be paid.”

See here and here for some background. I will say again, this basically amounts to a get-out-of-jail-free card for state officials who are accused of crimes in their home counties. The state should be responsible for the cost of such prosecutions, wherever they occur, and they should cover the going pay rate for attorneys who are qualified to handle a high-profile case. It’s the only way to avoid these shenanigans.