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June 15th, 2019:

Back to mediation

Give it another sixty days. Maybe it’ll be different this time.

A Texas appeals court Thursday ordered the Houston firefighters union and Mayor Sylvester Turner’s administration back to mediation in the hope the two sides will agree to a new pay contract and sidestep the contentious fight over Proposition B.

The order by the 14th Court of Appeals, which requires the parties to hold talks within 60 days, comes a month after a state district judge declared Prop B unconstitutional, marking the latest twist in a years-long battle between the city and firefighters over pay.

The latest order cranks up pressure on Turner and the firefighters to work together to resolve the issues, said Josh Blackman, an associate professor at the South Texas College of Law Houston.

“Maybe they were hoping the court would bail them out, but the courts aren’t going to assist in this negotiation,” he said. “Why would the court want to get involved in this? It’s such a disaster.”

[…]

State District Judge Tanya Garrison’s ruling that Prop B was unconstitutional changes the dynamics of the negotiations, said Wanda McKee Fowler, a former appellate judge who spent more than 13 years on the 14th Court of Appeals.

“Sometimes it takes more than one mediation for a case to settle,” she said. “There’s benefit in having parties that are going to have a continuing relationship resolve it themselves, rather than have the law to resolve it.”

See here for the background, and here for the court’s order. What this means is that the appeal of the question about whether Prop B is unconstitutional is on hold for the next sixty days. If everyone involved can come to some kind of agreement – remember, the Houston Police Officers Union filed the lawsuit alleging Prop B was illegal, so they are a party to all this as well – then the appeal will be dropped and everyone will go on with their lives. If mediation fails again, then the court gets to decide whether the original ruling that Prop B is illegal was correct. You have to read the order to figure that out (or at least, I had to read it to figure that out), but that’s what this all means.

For that reason, I disagree with Josh Blackmon. This fight isn’t about being bailed out, it’s about who’s right and who’s wrong. Remember, it was the HPOU who filed the lawsuit, in the belief that Prop B would harm them. In a sense, Judge Garrison’s ruling did bail everyone out, in that the city’s financial position improved, no firefighters got laid off, and nothing prevented them from going back to the collective bargaining process. The question at issue here is “Is Prop B legal?” The court’s order is a fancy way of saying “Are you sure you want to ask me that question, or would you rather go off on your own and solve your own problems and leave me out of it?” Frankly, it’s not the court bailing anyone out. From the court’s perspective, they want the litigants to bail them out from having to get involved. KUHF has more.

Justice Democrats find a primary opponent for Rep. Henry Cuellar

It’s on.

Jessica Cisneros

A 26-year-old Laredoan, former valedictorian of Early College High School and current immigration and human rights attorney, Jessica Cisneros is announcing her campaign Thursday to run for Congress in 2020 to represent Laredo and the rest of Texas’ 28th District, which spans from San Antonio to Mission.

“I’m super excited to finally have the opportunity,” said Cisneros to Laredo Morning Times. “I’ve been working for it and praying for it, to be able to give back to my community here in South Texas. From a very young age, I’ve known that I wanted to give back to my community. I’ve been inspired by the people here in Laredo.”

Cisneros will have the chance to give Laredo’s Rep. Henry Cuellar a serious primary challenger in this very blue district, which has solely been represented by Democrats since it was created in 1993.

Cisneros is backed by Justice Democrats, the progressive advocacy group that famously recruited Alexandria Ocasio-Cortez in her successful primary bid to represent New York’s 14th congressional district. And Cisneros’ platform reflects Justice Democrats’ core values, which have become emblematic of the progressive left. According to a release from the Justice Democrats, they include: fixing the U.S. immigration system, ending family separations, opposing the border wall, instating a $15 minimum wage and a Green New Deal, Medicare for All, the end of corporate money influencing elections, free public college, women’s health and reproductive rights, gun reform, expanding Social Security, and making the wealthy pay their fair share.

Cisneros has pledged to reject campaign contributions from corporate political action committees and lobbyists.

Since Justice Democrats first announced that they would be targeting Cuellar’s seat in the primary, doubt has poured forth about the likelihood of a liberal Democrat winning an election in Laredo. In a recent Texas Monthly story on this very topic, Democratic consultant Christian Archer says he believes the Justice Democrats have misunderstood this congressional district.

“(Justice Democrats) probably don’t know Laredo. … These are farmers and ranchers and people who grew up carrying a gun,” Archer is quoted as saying in the story.

Cisneros begs to differ. She said people believe this area is conservative in part because Cuellar, a conservative Democrat, perpetuates the idea.

“South Texas is its own district. We are placed in a very unique spot in terms of politics and also geographically, being right here on the border,” Cisneros said. “But fundamentally I think the big issues are being able to address things like poverty — the rampant poverty that we have here on the border — health care access and the jobs issue.”

See here for the background. I’m not going to offer an opinion on Cisneros’ chances of winning. I don’t know the district, I don’t know either her or Rep. Cuellar, and I don’t know what kind of campaign she will be able to run. As I noted in that link, the recent history of primary challengers to incumbent members of Congress does not offer a ton of hope, but times change and this particular kind of challenge has not been attempted before. The one bit of pushback I will offer is that CD28 is not actually “very blue”, it’s on the blue end of purple. Cuellar has never had a serious Republican challenger, in part I think because he always outperforms the partisan baseline, which is still pretty blue if not impregnably blue to begin with. This isn’t challenging Gene Green from the left; Cisneros would be advised to not take her district’s partisan leanings for granted if she won the primary. That’s not an argument for her not to run – one could make a case that a more progressive Democrat would do a better job than Cuellar does turning out Democratic voters, for example – just an observation on my part about the numbers.

The x-factor in this and all other primaries for 2020 is the very high turnout we’re going to get thanks to the Presidential cattle call. Will lower-information Democratic voters stick with the name they know? Will newer voters be more inclined to vote for a change? I don’t know and neither does anyone else. Be prepared to take any primary polling of the district with a big ol’ grain of salt. Vox, the Rivard Report, the Current, and Texas Monthly have more.

Well, now we’ve all heard of Waskom

Congratulations, I guess.

Five Old Dudes In Search Of An Audience

Five men this week declared a small town in East Texas a “sanctuary city for the unborn,” commandeering the language of the movement for immigrant rights to counter the reproductive freedom of women.

There are no abortion clinics in Waskom, a city of about 2,200, which lies on the border with Louisiana. But the all-male, all-white City Council decided unanimously Tuesday that prohibiting abortion was necessary as a preventive measure.

The municipal prohibition, which plainly contradicts the judgments of the U.S. Supreme Court, joins statewide bans on abortion sweeping the country in the wake of the solidification of a conservative majority on the nation’s top court. In Texas, abortion already is banned after 20 weeks. Now, a bill awaiting the governor’s signature would require doctors in the state to treat “a child born alive after an abortion,” which happens rarely.

Supporters of the city ordinance say it is the first of its kind in the Lone Star State.

The legislation was modeled on a measure embraced 7 to 1 in March by the City Council of Roswell, New Mexico, which is best known as the site of a purported UFO crash in 1947. Roswell’s move to declare its support for “fetal life” was accompanied by a measure characterizing it as a “Second Amendment Sanctuary City,” in opposition to legislation advanced by the state legislature that expands background checks for private gun sales.

Waskom residents said they were unconcerned by the prospect of a costly legal fight over the abortion measure because, according to local media, “they say God will take care of them.”

[…]

Before the Tuesday vote, Waskom’s mayor told council members that the city lacked the resources to engage in a lengthy legal battle over the legislation, the instigation of which is the professed aim of the ordinance.

“Most likely we will wind up getting sued if this is passed,” the mayor, Jesse Moore, said. “It could go to the Supreme Court.”

That prospect would present fiscal challenges for the city, lawmakers acknowledged.

“We don’t have the possible millions of dollars that it would take to take it to that level,” said alderman Jimmy Dale Moore, who nevertheless voted for the ordinance. “We can’t pay those kind of attorney’s fees. The city don’t have the money.”

Pointing to a member of the crowd gathered to watch the proceedings, the mayor advised, “Save your nickels and pennies,” eliciting chuckles from the public.

“We may need them,” he said.

Maybe you could ask the people of Farmers Branch about their experiences paying for round after round of costly litigation after passing a blatantly illegal ordinance. But, as I say to my own kids, some lessons just need to be learned the hard way. Think Progress has more.