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Testimony ends in Dallas County “oppressed white voters” trial

It’ll be awhile before we have a verdict.

Testimony ended Thursday in the landmark redistricting case over whether Dallas County discriminates against white voters.

The four-day trial — Ann Harding vs. Dallas County — featured analysis by local and national redistricting experts and video of two raucous county Commissioners Court meetings.

U.S. District Judge Sidney Fitzwater will wade through the evidence and issue a ruling. That could take months because the judge will receive 50-page closing arguments from lawyers on both sides and hear final oral arguments in late May or early June.

The lawsuit, filed in 2015, contends that the electoral boundaries county commissioners developed in 2011 dilute the white vote. Democrats enjoy a 4-1 advantage on the Commissioners Court. The districts are led by three Democrats — John Wiley Price, who is black; Elba Garcia, who is Hispanic; and Theresa Daniel, who is white. County Judge Clay Jenkins, also a Democrat, is white and is elected countywide. Mike Cantrell, also white, is the only Republican on the court.

See here for the background. I don’t really have anything to add to what I wrote before. I can’t imagine this will get anywhere, but we do live in strange times.

Someone needs to sue Blake Farenthold

That’s my response to this.

Blake Farenthold

Four months after U.S. Rep. Blake Farenthold promised to repay an $84,000 sexual harassment settlement funded by taxpayers — and 11 days after the Republican resigned his Corpus Christi seat — he has yet to write a check. And with Farenthold out of public office and increasingly out of the public eye, there’s little anyone can do to force him.

Farenthold pledged last winter to personally repay the cash paid out by the federal government to a former staffer, Lauren Greene, who sued him for sexual harassment in 2014. When news of the settlement surfaced in December, Farenthold told a local TV station he’d reimburse the money that same week, saying “I didn’t do anything wrong, but I also don’t want taxpayers to be on the hook for this.” In January, he said he would wait to repay the money after seeing what changes Congress would make to policies around the issue, saying he wanted to seek legal counsel.

Then, he resigned abruptly on April 6 — days before the House Ethics Committee, which was investigating his misconduct, would have released its findings in his case, according to the office of U.S. Rep. Jackie Speier, a California Democrat who has led efforts to reform Congress’s sexual harassment complaint process. After leaving public office, he immediately shut down his social media accounts and went silent. Requests for comment to his former staff were not returned.

The House committee no longer has jurisdiction to investigate Farenthold, though its members called on him “in the strongest possible terms” to return the money. But there’s no legal avenue to force Farenthold to repay the money — meaning the only option is “public shame,” said Jordan Libowitz, communications director for the watchdog group Citizens for Responsibility and Ethics in Washington.

“He does not seem like someone who is easily shamed,” Libowitz said. “When this came to light, he said that he would pay it back, then started looking for more and more reasons to delay the payment. It became pretty clear that if he wasn’t forced to pay it back — which legally he’s not required to — he didn’t seem all that interested in it.”

See here and here for the background. The story doesn’t even mention the possibility of a lawsuit, so I could be completely out to lunch here – as we well know, I Am Not A Lawyer. All I can say is that some crazier lawsuits than what I am suggesting have gotten traction in the courts lately, so why not take a shot at it? Surely there’s a taxpayer out there with some time on their hands and the desire to throw a little sand in Blake Farenthold’s gears.

More accusers against Paul Pressler

So often the case when there is one accusation of abuse against a powerful person, more victims come forward with their own stories.

The list of men accusing a former Texas state judge and leading figure of the Southern Baptist Convention of sexual misconduct continues to grow.

In separate court affidavits filed this month, two men say Paul Pressler molested or solicited them for sex in a pair of incidents that span nearly 40 years. Those accusations were filed as part of a lawsuit filed last year by another man who says he was regularly raped by Pressler.

Pressler’s newest accusers are another former member of a church youth group and a lawyer who worked for Pressler’s former law firm until 2017.

Toby Twining, 59, now a New York musician, was a teenager in 1977 when he says Pressler grabbed his penis in a sauna at River Oaks Country Club, according to an affidavit filed in federal court. At that time, Pressler was a youth pastor at Bethel Church in Houston; he was ousted from that position in 1978 after church officials received information about “an alleged incident,” according to a letter introduced into the court file.

Brooks Schott, 27, now a lawyer in Washington state, says in an affidavit that he resigned his position at Pressler’s former law firm after Pressler in 2016 invited Schott to get into a hot tub with him naked. He also accuses Jared Woodfill, Pressler’s longtime law partner and the head of the Harris County Republican Party until 2014, of failing to prevent Pressler’s sexual advances toward him and others, which Schott says were well-known among the firm, the documents state.

Documents recently made public show that in 2004, Pressler agreed to pay $450,000 to another former youth group member for physical assault. That man, Duane Rollins, filed a new suit last year in which he demands more than $1 million for decades of alleged rapes that a psychiatrist recently confirmed had been suppressed from Rollins’ memory. Rollins also claims the trauma pushed him to the drugs and alcohol that resulted in multiple prison sentences.

[…]

Brooks Schott states in the documents that he met Pressler in 2016, after Schott was hired as a lawyer at the firm Pressler co-founded with Woodfill.

Schott says he was invited to lunch by Pressler in December 2016. He arrived at Pressler’s home, he says, where he was greeted by Pressler, who was not wearing pants. After dressing, Pressler gave Schott a tour of his office and mentioned a 10-person hot tub at his ranch.

“Pressler then told me that ‘when the ladies are not around, us boys all go in the hot tub completely naked,’ ” Schott’s affidavit states. “He then invited me to go hot tubbing with him at his ranch. This invitation was clearly made in anticipation that I would engage in sexual activity.”

Upon returning to the firm, Schott said an office manager told him that Pressler had previously solicited young men at the firm. Schott then complained to Woodfill, according to emails that were filed with his affidavit.

“If (the office manager) knew of Pressler’s past inappropriate sexual behavior, I find it hard to believe that you did not know about it,” he wrote in a Dec. 9, 2016 email to Woodfill, court records show.

Woodfill responded that Pressler was no longer his law partner and that “this 85-year-old man has never made any inappropriate comments or actions toward me or any one I know of,” court records show. In a subsequent email, Woodfill said that the conduct Schott described “is unacceptable” and said he would address it with Pressler.

In an email on Thursday, Woodfill responded to Schott’s assertion, writing that “the person described in Mr. Schott’s affidavit doesn’t match up with the Judge Pressler I know” and that Pressler “has not been associated with my law firm for over a decade.”

See here and here for the background. Copies of the affidavits are embedded in the story. And remember, when he’s not defending the character of Paul Pressler, Jared Woodfill is busy fighting to take away spousal benefits from LGBT city employees because he thinks gay people are icky and perverted. Stay tuned, I’m sure there will be more to this story.

Head of “voter fraud” troll group that sued Harris County gets sued himself

Delightful.

Still the only voter ID anyone should need

A conservative activist and voter fraud alarmist is facing a federal lawsuit Thursday over dubious allegations of massive voter fraud in Virginia. A civil rights group and four Virginia voters filed a suit against J. Christian Adams and the legal outfit he runs, alleging that Adams and the group violated state and federal law when it accused thousands of Virginians, many of them eligible citizens, of voting illegally.

Adams, a former member of President Donald Trump’s voter fraud commission, is the president and general counsel of the Public Interest Legal Foundation (PILF), which in 2016 and 2017 published two reports alleging that thousands of “aliens” had committed felony voter fraud in Virginia and, in indexes to the reports, published personally identifiable information about those people. But many of Adams’ would-be criminals are in fact eligible voters, including all of the plaintiffs.

In the lawsuit, a local Virginia chapter of the League of United Latin American Citizens and four individuals allege that Adams and his legal firm violated state defamation laws, as well as federal civil rights laws that protect against voter intimidation. The lawsuit alleges that the reports Adams published are a form of voter intimidation against the people named in the report, and put them at risk by publishing their personal information alongside the allegation that they are felons.

See here for the background and here for more on the Virginia case. This guy is a professional liar whose mission is to keep people from voting by any means necessary. He needs to be beaten back at every opportunity. I wish the plaintiffs in this suit all the best.

Anti-same sex employee benefits lawsuit moved back to state court

On and on we go.

Nearly three years after the U.S. Supreme Court legalized same-sex marriage nationwide, the city of Houston continues to battle for the rights of its gay workers.

On Tuesday, a judge struck down Houston’s attempts to defend its city benefits policy in federal court. The case will be remanded back to state court, and the city will have to pay the legal fees of the two men suing to overturn the policy, which extends spousal benefits to same-sex marriages.

The outcome of this case will be limited to the city of Houston. Dallas has a similar policy that has not been challenged.

But the fight is a good example of the war waged to erase, erode or at least stop the expansion of LGBT rights since since the 2015 marriage ruling, Noel Freeman said.

“These are people who are never, ever going to give up. They are going to go to their grave hating us,” Freeman, the first city of Houston employee to receive spousal benefits for his husband, told The Dallas Morning News on Wednesday. “And there is no court case … that’s going to change their minds.

“That’s just the way it is.”

[…]

In a last-ditch effort to shift the fight to federal court, Houston asked to move the case to the Southern District Court earlier this year. On Tuesday, Judge Kenneth Hoyt ruled the city did not prove federal court was the proper venue and ordered it to pay Pidgeon and Hicks’ legal fees.

The case will be remanded to Harris County District Court. Married gay city employees will continue to receive benefits for their spouses until a final ruling.

See here for previous coverage of this atrocity, which is still a thing because our feckless State Supreme Court allowed itself to be pressured into giving the case a second chance after previously refusing to consider it. Noel Freeman, who’s a friend of mine, is quite right that the people pursuing this action (including Jared Woodfill) will never give up – if this suit is ultimately ruled against them, they’ll find some other pretext to keep LGBT folks from being treated as full and equal members of society. We all need to oppose the politicians who enable these haters, and support those who favor equality. It’s the only way this will get better.

Federal court ruling says LGBT workers in Texas are protected from discrimination

This is a big deal.

For the first time in Texas, a federal judge said LGBT workers should be protected from employment discrimination based on their gender identity and sexual orientation.

Judge Lee Rosenthal, the chief judge in the Houston-based Southern District Court of Texas, said in a decision last week that federal employment law protecting workers from discrimination based on sex also applies to sexual orientation and gender identity.

Nicole Wittmer, an engineer who alleged she wasn’t hired by energy company Phillips 66 because she’s transgender, couldn’t prove her claim, Rosenthal ruled. But if she had proof, the judge added, Wittmer would have had cause to sue under federal law.

Rosenthal’s ruling doesn’t mean it’s suddenly illegal in Texas to discriminate against LGBT workers. But it may be cited in the future by others who believe their sexual orientation or gender identity was a factor in workplace decisions, Wittmer’s lawyer told The Dallas Morning News.

“We’re certainly disappointed that this particular ruling did not fall in her favor,” Alfonso Kennard Jr. said Monday. “The silver lining here is it has helped to define the landscape for people who have been discriminated in the workplace due to their transgender status.”

“This ruling is earth-shattering — in a good way.”

[…]

Harper Jean Tobin, policy director at the National Center for Transgender Equality, characterized her decision as part of a growing consensus that Title VII covers trans workers as well.

“This ruling, along with dozens of others, shows that discrimination against transgender workers is illegal under federal law,” Tobin said in a prepared statement. “This is the overwhelming approach of the courts across the country over the last decade.”

Dale Carpenter, a constitutional law and LGBT rights expert at Southern Methodist University, said the ruling was the first of its kind in Texas.

It goes beyond a 2008 case in which another federal judge in Texas said gender nonconforming persons could not be discriminated against in the workplace, he said, because this one also recognizes transgender status as a protected trait.

Here is a copy of the ruling, which is embedded in the story. Other federal court judges have made similar rulings, but none have been in the Fifth Circuit, so those rulings did not apply to Texas. My non-lawyer’s take on this is that while it has laid down a principle, we won’t know how that applies in specific cases until someone files a lawsuit based on this principle. I suspect it won’t be very long before that happens, so let’s keep an eye on this.

White voters sue Dallas County over claims of voter discrimination

I have four things to say about this.

Are white voters in Dallas County being discriminated against?

That question, which might cause some to chuckle, will be answered after a trial starting April 16 that could change the face of the voting rights struggle in America.

Four white residents are suing Dallas County, claiming that the current boundaries of county commissioner districts violate their voting rights. The case is believed to be one of the first in the nation where a group of whites is seeking protection under the Voting Rights Act.

The lawsuit foreshadows a potential turnabout in Texas’ and the nation’s racial politics. As Hispanics, blacks and other minorities close in on making America a country where minorities make up the majority, some whites are attempting to use civil rights laws to protect themselves from what they see as discrimination.

Dallas County, once dominated by white Republicans until demographic shifts paved the way for Democrats, is the ideal testing ground for such a case.

“There will be people who look up and say ‘oh, come on,’ but the facts are clear and it should not matter who is on the short end of the stick,” said Dallas lawyer Dan Morenoff, executive director of the Equal Voting Rights Institute. “The whole point is to assure state and local government can’t rig elections against races they don’t like.”

The white residents are backed by the Equal Voting Rights Institute. They are asking the court that the current Commissioners Court boundaries, approved in 2011, be redrawn to allow white residents to elect the commissioner of their choice.

[…]

Redistricting experts say the plaintiffs will have a hard time prevailing over the county. The Voting Rights Act, in part, protects victims of historical and systemic discrimination. White voters don’t fall in that class. A challenge to the maps on grounds that the white residents’ constitutional rights were violated has already faded.

“That’s a pretty high hurdle to overcome,” said Michael Li, an election law expert and senior counsel for the Brennan Center’s Democracy Program at New York University. “There hasn’t been a history of discrimination against white voters in Dallas County.”

Justin Levitt, associate dean for research at Loyola University in Los Angeles, agreed.

“You have to prove that the government intentionally took action against people because of their race. That is going to be much harder to demonstrate,” he said. “The case is going to turn on whether there is a history of discrimination against Anglos or present-day signs of discrimination.”

[…]

The lawsuit argues that the political clout of white voters has been purposefully diminished. Whites in Dallas County overwhelmingly vote for Republicans, the suit says, while blacks and Hispanics tend to vote for Democrats. The 4-to-1 Democrat-to-Republican ratio is a sign that whites have become disenfranchised, the suit says.

“The plaintiffs’ view is that a map was drawn on the basis of race to make sure a group couldn’t elect the candidate of their choice,” Morenoff said. “We think the law is pretty clear that it’s illegal. We’re making the same arguments that plaintiffs have made in Texas the past few decades. The law protects racial minorities whoever they are.”

But a white majority exists on the Commissioners Court even though Hispanics represent the largest racial group in the county. According to the U.S. Census, Hispanics make up 39 percent of the county population. The county is 33 percent white and 22 percent black.

[County Judge Clay] Jenkins, [Commissioner Theresa] Daniel and [Commissioner Mike] Cantrell are white. Daniel is a Democrat and Cantrell is a Republican. There is one black commissioner, Democrat John Wiley Price, and one Hispanic commissioner, Garcia, a Democrat.

The plaintiffs are arguing that white conservatives were not able to elect their candidate of choice.

Whites make up 48 percent of Dallas County voters, but essentially elect 25 percent (one commissioner) of the court, the lawsuit states.

Many white voters were packed into precincts controlled by Daniel, Price and Garcia. And others had their votes wasted after being packed into Cantrell’s Precinct 2, the lawsuit says.

Lawyers for the county disagreed in a court filing.

“Plaintiffs’ amended complaint fails to allege or demonstrate how the currently elected County Commissioners are not the candidate of choice of Anglo voters,” they wrote. “Even if the five commissioners are the candidates of choice of African-American and Latino voters, that fact does not preclude those Commissioners from also being the candidates of choice of Anglo voters.”

The trial is expected to take four days.

Li, the election law expert who spent 10 years in Dallas as a lawyer for Baker Botts, says redistricting cases like the one in Dallas County could evolve into referendums on partisan gerrymandering. Two such cases are before the U.S. Supreme Court.

“In the future, instead of race-based claims, they may claim that there was partisan gerrymandering,” Li said.

1. Good luck with that.

2. There are only four commissioners per county, plus a County Judge, so the result of one election can have a dramatic change to the partisan ration – you can go from 50-50 to 75-25 overnight, for example. Add in the County Judge and a “balanced” Court will be 60-40 one way or the other. My point here is that there’s only so much precision one can achieve.

3. Also, too: Harris County is at least as Democratic as Dallas is Republican, and at least as non-Anglo as Dallas is. Yet Harris County Commissioners Court has four Anglo Republicans and one African-American Democrat. Commissioners precincts were also redrawn following the 2010 election in which Jack Morman ousted Sylvia Garcia to protect the most vulnerable of the Anglo commissioners. Be careful what you’re wishing for here, Republicans. And yes, there was a lawsuit filed here over that, and the plaintiffs lost. Anyone think these folks in Dallas have a better claim than the plaintiffs in Harris County did?

4. Too bad the Supreme Court kneecapped the Voting Rights Act, huh? Maybe casting this as a partisan gerrymandering claim will help, assuming SCOTUS finds a remedy for that. In which case, again I say to be careful what you ask for, Republicans.

A copy of the lawsuit is here, and the county’s response is here/a>; they are also embedded in the story. As always, I welcome feedback from the lawyers out there.

ACLU sues Galveston County over bail practices

From the inbox:

The ACLU of Texas, the ACLU and Arnold & Porter filed a federal class-action lawsuit today against Galveston County, Texas, for violating the constitutional rights of people arrested for misdemeanors and felonies.

The lawsuit was brought against the County itself, as well as each of the County’s judges who hear felonies and misdemeanors, the County magistrates, and the District Attorney. This is the first filing by the ACLU to include the District Attorney as a defendant in bail reform litigation. It seeks an immediate and permanent change to an unconstitutional cash bail system that discriminates against people who are financially strapped.

Those who cannot afford to pay money bail amounts determined by the county’s bail schedule are detained for a week or longer, while those who face the same charges but can afford to pay the money bail amounts are freed until trial. Galveston County’s district attorneys are involved in setting bail amounts for felony charges, often recommending bail amounts even higher than what the bail schedule suggests.

“A system that requires people to buy their freedom is not a system interested in dispensing justice,” said Trisha Trigilio, senior staff attorney for the ACLU of Texas. “Our client is seeking one thing: a fair hearing. Rich or poor, everyone should have a meaningful chance for a judge to hear them out before they are locked in a jail cell – but that’s not what’s happening in Galveston County.”

The lawsuit argues that Galveston County’s system of money bail violates the Constitution because it keeps people in jail if they can’t afford bail, while allowing those who can pay to go home to their families, jobs, and communities. With each day in jail, the person’s chances for a fair trial diminish as evidence and witnesses disappear, and many who are innocent nonetheless plead guilty simply to end the ordeal.

“A person’s wealth should never decide their freedom, but that’s exactly what’s happening in Texas and across the country,” said Brandon Buskey, staff attorney with the ACLU’s Criminal Law Reform Project. “Galveston’s bail system disregards the presumption of innocence, destroys families, and negatively affects jobs, and homes.”

The suit, filed on behalf of one plaintiff representing a class in U.S. District Court for the Southern District of Texas, accuses county officials of operating a two-tiered system of justice based on wealth, in violation of the right to counsel, the right to due process, and equal protection under the law.

“Studies consistently show that individuals who are held in jail until trial are more likely to be convicted, and more likely to be sentenced to prison, than those who are released pending trial,” said Christopher Odell, an attorney with Arnold & Porter. “Our goal is to ensure that the criminal justice system is fair to everyone in Galveston County, whether they’re rich or poor or somewhere in between.”

The plaintiff Aaron Booth, age 36, was arrested on April 8 for drug possession. He cannot afford the $20,000 money bail required by the court’s bail schedule. Mr. Booth fears losing his job because he is in jail; a job he needs to help his mother afford her monthly expenses.

Galveston’s system of wealth-based detention is arbitrary, the lawsuit argues. Each offense has an assigned dollar amount. If a person can arrange to pay the full amount to the sheriff in cash or property, or can arrange for payment through a bail bond company or another third party, the sheriff releases that person automatically.

Those who cannot pay the pre-determined bail amount must remain in jail indefinitely.

The lawsuit against Galveston County is a continuation of efforts from the ACLU Campaign for Smart Justice to end wealth-based bail detention in Texas and across the nation. This January, a related lawsuit aimed at ending Dallas County’s disciriminatory, wealth based bail practices was filed by the ACLU of Texas, the American Civil Liberties Union, Civil Rights Corps and the Texas Fair Defense Project.

The ACLU Campaign for Smart Justice — an unprecedented effort to reduce the U.S. jail and prison population by 50 percent and to combat racial disparities in the criminal justice system — is focused on bolstering the movement to end money bail and eliminate wealth-based pretrial detention through legislative advocacy, voter education, and litigation. Thirty-seven ACLU state affiliates are spearheading efforts to end this unjust system.

The complaint can be found here. The Chron adds a few details.

The Galveston County Commissioner’s Court issued a resolution in September supporting an immediate end to pretrial detention for misdemeanor and state jail cell arrests and committing a minimum of $2 million to those efforts.

The county also voted in December to approve a contract with the Council of State Governments to help implement reforms to the county’s jail system.

But Trigilio said that the county has not committed to large-scale changes to its bail system in an appropriate timeframe. The ACLU drafted a standing order proposal outlining steps that needed to be taken to create a model pretrial system and requesting that the county come up with its own detailed plan. Their requests were ignored, with only one judge, Lonnie Cox of the 56th District Court, reviewing the standing order in November.

“We’re very open to collaborative solutions with policymakers, in fact, that’s what we prefer,” Trigilio said. “But it’s important to act with the urgency that the situation merits, and when they’re locking hundreds of people away every day just because they’re poor, that’s not something we can tolerate while we work out the nuances of a system that might be in place any year from now.”

Galveston County Judge Mark Henry said on Monday that he had not had a chance to look at the lawsuit yet but that the county has been working with the ACLU “for nine months or so” to implement their suggested reforms to the bail system.

“We are certainly trying, yes,” he said, adding that he had not yet seen the suit but that the county was “absolutely committed” to making the changes already discussed.

“It’s not necessarily in our control,” he said. “There are about 15 other elected officials that have to agree and implement their part of it.”

Those of us in Harris County can relate to that complaint. You know where I stand on this, so let me just say that I hope other counties are looking at their own practices and taking proactive steps to get in line so they don’t have to be sued as well. But if suing them is what it takes, then so be it. Think Progress and KUHF have more.

From the “Answering my own rhetorical question” department

Nobody could have seen this coming!

Best mugshot ever

Ever since Texas’s “sanctuary cities” ban was first proposed in late 2016, the measure’s Republican backers have painted it as a public safety measure targeting criminals — without racist or anti-immigrant intent. But records obtained by the Observer reveal that some of the Texas citizens most supportive of the law apparently never got the memo.

Senate Bill 4, among other things, threatens local law enforcement officials who impede cooperation with federal immigration agents with fines, jail time and removal from office. To prosecute wayward officials, the law requires citizens to report violations of SB 4 to the Texas Attorney General’s Office. Attorney General Ken Paxton formally began accepting complaints in September, but the records include a stream of phone calls and emails beginning last February. Of 43 total formal and informal complaints so far, most veered wildly from SB 4’s supposed intent, expressing instead resentment of immigrants and even threatening violence.

“These comments are disturbing to read,” said state Senator José Rodríguez, an El Paso Democrat and staunch SB 4 opponent. Rodríguez called them part of a general shift toward viewing immigrants in a “national security framework” rather than a human rights one, adding that “during the SB 4 debate, we warned that the attorney general would receive frivolous, anti-immigrant complaints such as these.”

See here for the background, and click over for the entirely predictable stream of garbage that ensued. In a world where Ken Paxton felt shame he would no doubt be red-faced over this, but we do not live in that world. I don’t know what else there is to say.

One other thing:

Out of the dozens who communicated with Paxton’s office, only five followed the guidelines laid out in SB 4 by swearing their complaints before a notary or submitting an “unsworn declaration.” Four of the five centered on a high-profile incident involving San Antonio Police Chief William McManus — currently the focus of the only investigation of a potential SB 4 violation.

In late December, an SAPD officer encountered what appeared to be 12 immigrants being smuggled into the country in an 18-wheeler. When McManus arrived on the scene, he made the unusual decision to charge the truck’s driver using a state smuggling statute rather than turn him over to the feds. After questioning, McManus released the immigrants to a local nonprofit, effectively shielding them from Immigration and Customs Enforcement (ICE).

That set off a firestorm: The head of the local police union called for McManus to be put on administrative leave; Lieutenant Governor Dan Patrick urged Paxton to investigate whether McManus violated SB 4; and Paxton informed city officials on January 10 that he had received “several” complaints and was launching an investigation.

But will anything come of this taxpayer-funded investigation? SB 4 — which is still being fought over in the courts — forbids any local policy that bans or “materially limits” cooperation between law enforcement and federal immigration authorities, and forces jailers to extend detention of undocumented immigrants at the request of ICE.

McManus says his choice was an isolated decision that didn’t represent a new policy and that an ICE agent had every opportunity to intervene and take the individuals into custody. An ICE spokesperson has contradicted that, telling the San Antonio Express-News that the agency offered assistance and was rebuffed.

Vera, the LULAC attorney, said that the chief’s decision wouldn’t violate SB 4 because it didn’t represent a policy of non-cooperation. “[Paxton] doesn’t have a case,” he told the Observer. “If he had a case, he would’ve filed it already.”

See here for the background. Sometimes it’s just better to think of this all as a third-rate costume drama, available for streaming at CBS All Access or some such. Just let go and lean into the absurdity.

It’s going to be redistricting time for Texas at SCOTUS soon

Here’s an update.

In their latest brief to the U.S. Supreme Court, the voting and minority rights groups challenging Texas’ political maps painted Republican state lawmakers as “opportunistically inconsistent in their treatment of appearance versus reality.”

Pointing to the lawmakers’ 2013 adoption of a court-drawn map that was meant to be temporary, the groups chronicled the actions as “a ruse,” a “shellgame strategy” and a devious “smokescreen” meant to obscure discriminatory motives behind a previous redistricting plan.

Channeling their anger toward the lower court that found lawmakers intentionally discriminated against voters of color, state attorneys used a February brief to denounce the court’s ruling as one that “defies law and logic,” suffers multiple “legal defects” and “flunks the commonsense test to boot.”

[…]

The legal fight between the state and its legal foes, which include several voters of color, has been churning through the courts since 2011. That was when lawmakers embarked on redrawing the state’s congressional and legislative districts to account for explosive growth, particularly among Hispanic residents, following the 2010 census.

Those maps never took effect because Texas, at the time, was still required to get federal approval of changes to its political maps before using them in elections. A federal court in Washington eventually rejected the boundaries, ruling they violated federal safeguards for voters of color. But by then, a three-judge federal panel in San Antonio had ordered up interim maps for congressional and state House districts to be used for the 2012 elections.

The San Antonio court at the time warned that the interim maps were still subject to revision. But state lawmakers in 2013 adopted those maps as their own, with few tweaks.

That move, the state contends, was a “conciliatory act” in which the Legislature “embraced the court’s maps for the perfectly permissible reason that it wanted to bring the litigation to an end.”

But in their brief filed last week with the high court, attorneys for voters and legislators challenging the maps described the 2013 maneuver in much different terms:

“In the State’s telling, there was a brief, shining moment in 2013 when Texas history reversed course and the Texas Legislature fell all over itself to conform state conduct to a federal court’s provisional observations. The district court rightly saw through the 2013 masquerade.”

As noted before, oral arguments will be on April 24, so gird your loins and make sure children and pets are in safe places. I will remind everyone that there were actually two remedial maps produced by the three-judge panel way back in 2011. The first one, which was based on the previous decade’s pre-cleared-and/or-ruled-VRA-compliant-by-SCOTUS maps, was thrown out by SCOTUS on the grounds that the panel needed to defer to the new maps as drawn by the Lege as their starting point. Which the court did, and which it did without taking into consideration the VRA Section 2 claims on which the plaintiffs subsequently prevailed. As such, claims that the interim maps solved all the problems and should have been the end of the litigation are false. The maps had problems, which the courts ultimately found, and that’s even before we get into the “intent” question.

Anyway. What happens from here is unknown. SCOTUS has had a busy term grappling with redistricting questions, but unlike the partisan-gerrymandering claims from Wisconsin and Maryland, this is old-fashioned racial discrimination/Voting Rights Act stuff. It’s also our last chance to remediate any damages before the next redistricting cycle. It would not be much of a win for the plaintiffs if we never get to have an election under non-discriminatory maps.

Multiple cities and states sue over Census citizenship question

Good.

Seventeen states, the District of Columbia, and six major cities sued the Trump administration on Tuesday over the addition of a controversial new question about US citizenship to the 2020 census. This is the third major lawsuit against the administration’s action, after California and the NAACP sued last week, marking a major escalation of the legal and political battle over the census. Civil rights advocates say the question is designed to spark fear in immigrant respondents and will cause many immigrants not to be counted, diminishing the political power and financial resources of the jurisdictions where they live.

“This is a blatant effort to undermine the census and prevent the census from carrying out its Constitutional mandate,” said New York Attorney General Eric Schneiderman, who organized the multi-state lawsuit, at a press conference in lower Manhattan. New York has the third-largest immigrant population in the country, after California and Texas. More than 1 in 5 New York residents are foreign-born. “This is an effort to punish states like New York that welcome immigrants,” Schneiderman said.

The lawsuit says the new question “violates the constitutional mandate to conduct an ‘actual Enumeration’” of the country’s entire population, not just citizens, as well as a provision of the 1946 Administrative Procedure Act barring federal agencies from taking “arbitrary, capricious” actions.

The lawsuit was filed by New York, Connecticut, Delaware, Illinois, Iowa, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia, and joined by the cities of Chicago, New York, Philadelphia, Providence, San Francisco, and Seattle. The bipartisan US Conference of Mayors, which represents the 1,400 cities with a population of 30,000 or more, also joined the suit.

[…]

Past leaders of the Census Bureau and current advisers to the bureau have also blasted the question. Six former bureau directors, who served under Republican and Democratic presidents, told Commerce Secretary Wilbur Ross in January that “an untested question on citizenship status at this late point in the decennial planning process would put the accuracy of the enumeration and success of the census in all communities at grave risk.” Members of the bureau’s Scientific Advisory Committee, who are appointed by the director, blasted the decision at a meeting of the Census Bureau last week.

“I want to say in no uncertain terms that I think this is an absolutely awful decision,” said D. Sunshine Hillygus, a professor of political science at Duke University. “I am dumbfounded that this decision is coming in at such a late date. My view is that this is going to have severe negative implications for data quality and costs.”

She began her PowerPoint presentation at census headquarters with the phrase “W.T.H.,” short for “what the hell.”

The Commerce Department, which oversees the census, said the new question was needed to better enforce the Voting Rights Act, but Vanita Gupta, the former head of the Justice Department’s Civil Rights Division under Barack Obama, told Mother Jones that was “plainly a ruse to collect that data and ultimately to sabotage the census.”

See here for some background. Even with the involvement of the US Conference of Mayors, I say every city of decent size should want to get involved, because it’s their residents who are going to be undercounted as a result of this malevolent policy, and that will cost them in terms of funding, representation, and more. This is a big, serious deal and it needs to be treated as such. Think Progress, which also looks at the effect of this policy on Texas, has more.

Texas loses another voting rights lawsuit

Anyone else detecting a pattern here?

Still the only voter ID anyone should need

Handing the state another voting rights loss, a federal judge has sided with a civil rights group that claimed Texas violated federal law by failing to register residents to vote when they updated their drivers’ license information online.

In a court order made public on Tuesday, U.S. District Judge Orlando Garcia of San Antonio ruled that Texas was in violation of the federal National Voter Registration Act. A portion of that law requires states to give residents the opportunity to register to vote at the same time that they apply for or renew their driver’s licenses.

It wasn’t immediately clear how Garcia will direct the state to comply with the law; Garcia indicated he will provide more details in the next two weeks. But the Texas Civil Rights Project, which represents several Texas voters in the case, said the state would “soon be forced” to change its voter registration policies — and possibly introduce its first mechanism for online voter registration.

[…]

The voter registration lawsuit was filed in 2016 against the Texas secretary of state and the Texas Department of Public Safety. Alleging that Texas was disenfranchising thousands of voters, the plaintiffs also claimed that Texas was violating the Constitution’s Equal Protection Clause by treating voters who deal with their driver’s licenses online differently than those who register in person.

DPS followed the law for in-person voter registration, but residents trying to register online ran into convoluted and misleading language, the plaintiffs claimed.

Plaintiffs objected to what they called a misleading process on the agency’s website. When users checked “yes” to a prompt that said “I want to register to vote,” they were directed to a registration form that they had to print out and send to their county registrar.

Though the website specifies that checking yes “does not register you to vote,” that language has caused “widespread confusion” among Texans who incorrectly thought their voting registration had been updated, the plaintiffs claimed.

See here and here for the background, and here for the TCRP’s statement. As noted in the Trib story, this is the lawsuit in which the judge sanctioned the AG’s office for dragging their feet on meeting deadlines. We’ll know more about what this means when the opinion is published. If there is an online registration part to it, it will apply only to business related to drivers license applications or renewals. Whatever the case, you can be sure this will be appealed, and given the crapshow that is the Fifth Circuit, don’t be surprised if the ruling is put on hold pending appeals. I hate to say it, but we’ve seen that movie before and we know how it ends. Celebrate the ruling, but stay on task.

More fire department sexual harassment allegations

Welcome to the Woodlands.

When she began her job at the fire department of The Woodlands Township in July 2013, Julie Thomas believed her skin was sufficiently thick to endure a work environment dominated almost entirely by “men with big egos.”

But Thomas, hired as a customer service representative when she was 22, said she soon felt overwhelmed as she became the target of sexually charged comments, jokes and explicit sexual propositions, allegations she detailed in a sexual harassment lawsuit filed against the township last month in a Houston federal court.

The lawsuit against The Woodlands Township alleges that Thomas was subjected to sexual harassment in a hostile work environment where four women work with more than 100 men. When she complained to a supervisor and to the Human Resources office, she contends she was fired in retaliation.

[…]

The lawsuit against The Woodlands Township describes the fire department there as an “old-boys club or a fraternity house, ” where members “created a severe and pervasive hostile work environment based on sex.”

The harassment escalated in 2015 after Thomas began a weight loss regime, her suit says.

In one incident, according to the lawsuit, Thomas said Battalion Chief Jason Washington told her that she was “looking good these days” and suggested that they could have sex. The chief assured Thomas that her husband, firefighter Josh Thomas, could be kept in the dark.

“Come on Julie, Josh doesn’t have to know,” said Washington, according to suit.

In another incident, the lawsuit describes that Lt. Thomas Richardson “came up to Mrs. Thomas and made sound effects that mimicked a motorboat noise, which is frequently associated with placing one’s lips on a woman’s breasts, and said ‘Oh girl, the things I can do to you.’”

Thomas alleged she reported the incidents to her supervisor and the HR office, but no action was taken.

The Woodlands Township and its Fire Department deny the allegations, of course. I have no insight as to what may or may not have happened in this particular case, but I will say three things. One, no one should be surprised when allegations like this arise, because this has been and still is happening literally everywhere. Two, even if one it taken aback by an individual incident, no one should be surprised when more women come forward to bolster the original accusations now that the barrier of silence has been broken. And three, if you’re tired of hearing about this stuff and wish it would all just stop, remember that the way for it to stop is for there to be no tolerance for harassment. Don’t harass, and don’t defend or ally yourself with those who do, and we will begin to see a real decline in these incidents. We all need to do our part.

Harris County sued by “voter fraud” trolls

Let’s get this kicked to the curb ASAP.

Still the only voter ID anyone should need

A conservative non-profit group sued Harris County in federal court Thursday to force the county to make available records on how it stops non-U.S. citizens from voting.

The Public Interest Legal Foundation said in its lawsuit that it had requested in December to inspect records from the county including “documents regarding all registrants who were identified as potentially not satisfying the citizenship requirements for registration” and communication received “requesting a removal or cancellation from the voter roll for any reason related to non-U.S. citizenship/ineligibility.”

[…]

The foundation has filed similar lawsuits in other places like Pennsylvania and has targeted other areas like New Jersey and Bexar County.

The group has faced criticism over the numbers it uses in claims of corrupted voter rolls. Some opponents have said they are targeting Democratic-leaning, low-income areas with the lawsuits.

See here for more about these clowns. See also this story about a failed attempt by a similar group with the same guy in charge, which may have implications for efforts like this. All I can say is that Harris County had better put as much time and effort into beating back this lawsuit as it has done with the bail practices lawsuit.

Suing Facebook

Good luck with that.

A Houston businessman launched a wide-ranging class action lawsuit [last] Friday against Facebook for violating the trust of millions of users by sharing personal data with a company that used the information to post targeted political ads for President Donald Trump.

The security breach has made headlines across the world, prompted a variety of lawsuits, and caused European regulators to investigate the British firm involved in the breach. In the U.S., the apparent misuse of private information has engendered deep resentment and mistrust from social media users who are now contemplating whether to cut ties with Facebook, or wait out privacy improvements.

The lawsuit filed by businessman Matthew Lodowski targets Facebook and Cambridge Analytica, a British firm exposed in news reports for mining the private profiles of nearly 50 million Facebook users. Also named as defendants are Robert Leroy Mercer of New York, a wealthy conservative investor in Cambridge Analytica, and Aleksandr Kogan, a professor at Cambridge University accused of extracting personal information from Facebook for the data company.

Lodowski is accusing the social media giant of acting negligently by failing to protect user data, failing to take reasonable measures to avert problems when it learned the company had obtained users’ personal information without permission and failing to let users know their data had been taken until journalists broke the story.

According to the attorney who filed it, the suit is unique among legal actions sprouting up around the country related to the data breach in that it claims a violation of the Stored Communications Act, a law that allows online users to sue over “intentional access without authorization to a facility through which an electronic communication service is provided.” The suit also charges the defendants with conspiracy and negligence.

The suit, filed in Houston federal court, seeks to include in the class action anyone in the United States with a Facebook account whose data was impacted by Cambridge Analytica’s data breach. Lodowski is seeking compensatory damages, restitution and fees as well as an injunction against Cambridge Analytica and Kogan, the professor tied to the breach.

You can see a copy of the lawsuit here. I did a little googling to see if I could find a story that included an assessment of the legal merits of the case, but no dice. According to Engadget, there are five other lawsuits against Facebook and Cambridge so far, and it won’t be surprising if there are more. I figure they’re all longshots, but sometimes longshots come in. We’ll see what happens.

Judge in Dallas County ballot lawsuit need not recuse himself

Round One goes to the Dems.

The Dallas County Republican Party on Monday failed in an attempt to have a judge removed from a case that could disqualify 82 Democratic Party candidates from the general election ballot.

Kerrville’s Stephen Ables, the administrative judge for the Sixth Judicial Region, said the GOP did not present evidence that state District Judge Eric Moyé was biased and could not properly preside over the controversial lawsuit. He made his ruling after hearing oral arguments from lawyers representing both parties.

Several Democratic judicial candidates who are targeted in the case hugged after the ruling. And state Sen. Royce West, D-Dallas, said quietly that round one was over.

The suit, brought by the Dallas County Republican Party, contends that the candidates are ineligible to be on the ballot because Carol Donovan, the chairwoman of the Dallas County Democratic Party, didn’t physically “sign” or certify the petitions that were ultimately accepted by the Texas secretary of state’s office.

At one point it sought to disqualify 127 Democratic Party candidates, but the March 6 primaries whittled the number down to 82.

See here, here, and here for the background. This has nothing to do with the merits of the case itself, it just means we don’t need a new judge before getting to the main question. I presume the next step would be a hearing on Rep. Eric Johnson’s motion to dismiss, and once that is resolved if the suit is still active then a hearing on the Dallas County GOP’s arguments. The story says that Judge Moyé “could hear the case in the coming weeks”, which doesn’t tell us much. At some point, you begin to run up against statutory deadlines for the election calendar, so one way or another this will be concluded in a reasonably timely fashion. I’ll keep my eyes open for further updates.

City reaches settlement in pension projection lawsuit

Old story, new development.

Houston has agreed to settle a lawsuit it filed four years ago against an actuarial firm whose predictions it blamed for contributing to the city’s multi-billion-dollar pension crisis for $40 million.

The city’s outside counsel, Susman Godfrey, would collect $11 million, and $29 million would be deposited into the city’s general fund. City Council must approve the settlement.

City Council approved the filing of the lawsuit in July 2014, saying Houston officials’ reliance on the advice of Towers Perrin, now known as Willis Towers Watson, led them to boost workers’ retirement benefits in 2001 and saddle taxpayers with unaffordable pensions costs as a result.

The city alleged negligence and malpractice and sought damages of $832 million — a figure later revised to $432 million.

See here, here, and here for the background. That first link is from 2004; it and the second link have most of the relevant information. Getting $29 million in cash doesn’t suck, but boy it would have been nice to have gotten better information in the first place. Nothing more to be done about it now.

You may finally be able to buy booze at Walmart and Costco now

I agree with this.

A protectionist Texas law that has kept Walmart, Costco and other giant retailers from selling hard liquor was found unconstitutional by a federal judge this week, prompting cheers from free-market advocates — and vows of a quick appeal from one of the parties on the losing side.

The Texas law that was struck down — unique in the United States — forbids publicly traded businesses from owning liquor stores while allowing family-owned companies to grow into giant chains without fear of competition from large national or international corporations.

If the late Tuesday ruling by U.S. District Judge Robert Pitman survives appeals, Texas consumers — like those in at least 31 other states and many foreign countries — will be able to buy vodka, tequila and bourbon from Walmart-owned stores and from other multinational retailer outlets.

“For decades, these laws have stood in stark contrast to Texas values,” said Travis Thomas, spokesman for Texans for Consumer Freedom, which advocates for free-market reforms in Texas. “The State of Texas should not pick winners and losers in private industry.”

[…]

Experts said an appeal could take more than a year to play out in the federal court system — longer if it were to wind up in the U.S. Supreme Court. In the meantime, Texans can expect the status quo in liquor retailing. If publicly traded companies are allowed eventually to sell distilled spirits, existing law would still require the companies to build separate facilities, though they can be adjacent to existing stores.

See here and here for the background. The Texas Package Stores Association, which represents the state’s liquor store owners, has vowed to appeal, and I’d expect this to go the distance. As you know, I’m no fan of Walmart, but on this issue I think they’re in the right. Now if we could only bring a similar sense of sanity to the state’s ridiculous beer laws, we’d really have something.

Judge orders firefighters’ petitions to be counted

Can’t say I’m surprised.

A state district judge on Tuesday ordered Houston’s city secretary to finish reviewing firefighters’ petition asking for pay parity with police, giving her until April 27 to validate the eight-month-old signatures.

Firefighters submitted a petition last July asking for a ballot referendum that would grant firefighters the same pay as police officers of equal rank, but City Secretary Anna Russell did not validate it in time for the November election.

Leaders of the Houston Professional Fire Fighters Association sued in December asking the court to give Russell 30 days to review the petition signatures, and last week appeared before state District Judge Dan Hinde.

Hinde did not immediately issue a ruling, but sided with firefighters on Tuesday.

“The city secretary’s continuing failure to count signatures and verify the sufficiency of the pay parity petition constitutes a continuing failure to fulfill her ministerial duty,” Hinde wrote. “The city secretary has been and remains in default of her ministerial duty.”

See here for the background. I mean, look, the petitions were delivered to City Hall last July, which is to say eight months ago. Given that there were other petitions ahead of it, I could believe that Secretary Russell might not have been able to get them checked out in time for last November, but this is ridiculous. It didn’t take nearly this long to verify the anti-HERO petitions, for example, and as I recall her staff worked overtime to do that. I think this is a lousy proposition and I plan to vote against it, but at some point the job just needs to get done.

Now if the deadline to count the valid signatures is April 27, that means this will be ticketed for November, assuming enough of the sigs do check out. (Boy, wouldn’t that be a farcical conclusion to this saga if the verdict is “sorry, you fell short”.) From a participatory democracy perspective, having this voted on in a large November turnout context is better than a single-digit May electorate. Of course, since we know someone is going to sue to have the election overturned no matter what the outcome is – there’s literally no chance that the referendum can be written in a way that is both fully explanatory and not confusing; the ballot language lawsuit can be drafted now and ready to go as soon as the vote totals are in and a suitable plaintiff can be located – I feel like we could save ourselves the trouble by just flipping a coin to determine who “wins” and then going straight to the litigation. Eventually, the Supreme Court will tell us what their preferred result is, and we can take it from there.

UPDATE: The KUHF story, which includes a copy of Judge Hinde’s ruling, confirms that the next opportunity for this to be on a ballot at this point is November.

Rep. Johnson files motion to dismiss Dallas County ballot lawsuit

I wish him luck.

Rep. Eric Johnson

State Rep. Eric Johnson on Monday asked a judge to dismiss a lawsuit that would kick him and other Democrats off the November general election ballot.

The suit, brought by the Dallas County Republican Party, contends that the candidates are ineligible to be on the ballot because Carol Donovan, the chairperson of the Dallas County Democratic Party, didn’t physically “sign” or certify the petitions that were ultimately accepted by the Texas secretary of state’s office.

Johnson, an intervenor in the case against Donovan and the Dallas County Democratic Party, says the Texas law does not require Donovan to sign the petitions. In his suit, he contends the Texas Citizens Participation Act assures his place on the ballot, which is an exercise of free speech, protection against “meritless” or “retaliatory” lawsuits.

“This lawsuit is part of a disturbing pattern of the GOP finding problems where they do not exist, which have the effect, if not the intent, of keeping minority voters from electing the candidates of their choice,” said Johnson, D-Dallas. “I pray that the court will conclude the GOP’s completely baseless lawsuit should be dismissed, so I can turn my full attention back to serving my constituents.”

[…]

Before the case can be heard, a judge will consider whether state District Judge Eric Moye should preside over it. That hearing is set for March 26.

See here and here for the background, and here for a link to Rep. Johnson’s motion. The law the motion relies on is here, and I’ll leave it to the attorneys to assess the merits of the argument. I’ve read the motion and it’s fairly technical, but as far as I can tell it’s basically the same logic I heard people express when the suit was first filed. We’ll (eventually) see what the courts make of it.

More on the HFD sex discrimination lawsuit

Is anyone surprised that a lot more female firefighters have come forward to describe incidents of harassment at HFD since the initial story was published? Because if you are, I don’t think you’ve been paying much attention to the news over the past year or so.

Nearly 10 years after a sexual harassment scandal roiled the ranks, the Houston Fire Department remains a hostile work environment for some women, according to more than half-dozen current and former firefighters who spoke to the Houston Chronicle about workplace conditions and gender bias.

“It’s still uncomfortable,” said one longtime female HFD veteran, who like most, did not want to be named for fear of retribution. “Houston still has not embraced the diversity of women within the department.”

And while women have made gains since the incidents in 2009 led to a widespread investigation, a Department of Justice lawsuit filed recently against the city has brought renewed scrutiny to gender issues at HFD, where fewer than 4 percent of the department’s 4,000 firefighters are women.

Some women have left the department in frustration. Others stay silent, enduring daily tensions to pursue their lifelong dreams, they told the Chronicle.

“It’s a Catch-22,” said another longtime female firefighter. “Most grin and bear it. They don’t want that label, ‘she’s a problem child,’ or, ‘Don’t say anything around her or she’ll file a grievance.’

“I just want to be treated fair.”

[…]

One aspiring firefighter said she’d always wanted to join the Houston Fire Department.

She put her financial security on hold to go through the months-long academy, earning just $800 every other week. She thought she’d find a teamlike atmosphere but was met instead with instructors who she believed wanted her to fail.

She quit on the verge of graduation and found a better-paying job as a paramedic elsewhere.

“I have no desire to work for a place like that,” said the former trainee, who attended HFD’s academy within the last five years. “I’d rather drive an hour or more to a different fire department where people treat others like human beings, and you don’t get discriminated against because you weren’t born a male.”

Another woman who recently attended the academy described an atmosphere where instructors did not acknowledge women and appeared to purposely sabotage training routines to make it more difficult for them. In one instance, she said, an instructor made her carry a fully charged firehouse into a burning space in a more difficult posture than she’d been trained, and with less line available on the ground.

She’d hoped to find a “family of people that support each other,” but said she was disappointed.

She described a hostile work environment where her male colleagues routinely refer to women as “bitches,” and frequently make derogatory comments after responding to medical calls where the people they were helping were a gay or lesbian, she said.

“I see a lot of sexism and racism,” she said. “It’s really harder being a female in the fire department, point blank … You have this idea how it would be and it’s not like that at all.”

See here for the background, and click over for more, because there is more. This is what I mean when I said there are plenty of people at HFD who know who did what to whom. The higher-ups are all saying the right things – Chief Pena, the union officials, etc – but we need to hear it from the rank and file as well. If HFD wants to rid itself of the “cloud” that persists over it, there needs to be a top-to-bottom commitment to root this kind of behavior out. I guarantee you, HFD knows who the bad actors are. What are they going to do about them?

More on the status of SB4

Ed Sills sent this one-pager from MALDEF to his mailing list; there’s no link and I couldn’t find it on the MALDEF webpage, so I’m just going to copy and paste here:

What did the Fifth Circuit Court decide?

On March 13, 2018, the U.S. Court of Appeals for the Fifth Circuit issued its ruling on whether SB4 should be allowed to take effect while the lawsuit moves through court. Most of SB4 is in effect today. The Fifth Circuit decision allows most of SB4 to remain in effect, but keeps part of SB4 blocked. In addition, the Fifth Circuit stated several important limitations on SB4.

What is the status of SB4 after the Fifth Circuit decision?

  • Elected officials are allowed to criticize SB4 and speak favorably about immigration reform without the fear of being punished. The Fifth Circuit ruled that SB4’s prohibition on speech about immigration is likely to be unconstitutional.
  • Cities and counties can adopt immigration-neutral policies that preserve scarce local resources. This means that cities and counties can direct their police officers to focus on local priorities such as keeping the community safe and maintaining community trust.
  • Cities and counties cannot bar their police officers and employees from assisting or cooperating with federal agents on immigration enforcement. However, local officials can only cooperate with federal agents when federal agents ask for help. Local officials cannot act on their own. Local officials also must act under federal direction and supervision.
  • Cities and counties cannot prohibit their employees or local police officers from questioning a detained person’s immigration status. However, local officers must still comply with the Constitution. For example, a local officer cannot decide on his own to arrest an individual simply for being undocumented. Local officers cannot stop individuals because of their race or detain individuals for prolonged periods of time.
  • SB4’s mandate to comply with ICE detainers remains in effect. However, jail officers must review detainers and can refuse a detainer if they know a detainee is authorized to be present in the United States or if the detainer does not follow ICE rules.

Where are we in this case?

The Fifth Circuit’s March 13, 2018 decision on the preliminary injunction is temporary. The district court will make a decision in the case after a trial. The March 13, 2018 decision from the Fifth Circuit remains in effect until a new court ruling is issued.

What can I do to help?

Contact MALDEF Staff Attorney Fátima Menéndez at fmenendez@maldef.org with any reports of local officers making immigration arrests or a jail detaining a person after that person has posted bail.

See here for the background. This Trib story discusses the legal strategy.

Attorneys and immigrants’ rights groups who fought against SB 4 said their next move isn’t clear but that they’re considering seeking a hearing before the entire 5th Circuit.

“There are a lot of parties [involved], so we are coordinating on this,” Efrén Olivares, the racial and economic justice director for the Texas Civil Rights Project, told reporters during a conference call. “But procedurally, the next step would be to request an en banc hearing.” There is also the possibility of asking the U.S. Supreme Court, he said.

The plaintiffs’ attorneys admitted Wednesday that they were not surprised at the ruling due to the 5th Circuit’s conservative leanings, so it’s unclear how much faith they will have in pleading their case before the entire court. But, they said, there remains the option to show that in its implementation, SB 4 leads to several constitutional violations.

[…]

Olivares said that while the next step in the appeals process is being considered, the lawyers and their supporters will also prepare for the case to head back to San Antonio. Tuesday’s ruling was only on the temporary injunction of SB 4; now, the district court is set to consider the law itself.

It’s not so much that the Fifth Circuit is conservative but that the specific three-judge panel that heard this appeal was made up of some of its most conservative members. Any time you draw Edith Jones and Jerry Smith, you can probably predict the outcome, and it ain’t gonna be pretty. There’s at least a chance the en banc appeal could get a different result. Beyond that, I’d say focusing on the case on the merits is probably the best thing to do. Either way, it still sucks.

Shipley responds to harassment allegations

Admit nothing, deny everything, make counter-accusations.

The sexual harassment lawsuit filed against the owner of Shipley Do-Nuts this month is the latest in an ongoing legal fight between the doughnut maker and other former workers over an alleged fraud scheme.

Three women claim Lawrence Shipley III routinely groped them and used racial slurs for Hispanics in a lawsuit filed in Harris County district court earlier this month.

He has flatly denied those allegations, and says the women are retaliating against his company after it fired a former plant manager for allegedly steering more than $1 million worth of contracts to distribution companies he owned.

Shipley sued Julian Garcia, the plant manager, for the alleged fraud scheme in September.

“These people were employed and cared for by my family for over 20 years,” Lawrence Shipley wrote last week. “What they are doing now is nothing more than hateful retaliation for becoming corrupt, entitled and self-serving.”

Murphy Klasing, who is representing Shipley Do-Nuts, said he was unsure of exactly what roles Esmeralda Sanchez, Martha Garcia and Elizabeth Peralta played in Julian Garcia’s alleged scheme.

See here for the background. I don’t see any reason to believe Shipley’s claims about his accusers, but one way or another the story will come out. In the meantime, I’m still not buying any of his donuts.

Fifth Circuit lets most of SB4 remain in place

Ugh.

A panel of three U.S. 5th Circuit Court of Appeals judges ruled Tuesday that most of the state’s immigration enforcement legislation, Senate Bill 4, can remain in effect while the case plays out, handing a victory to Gov. Greg Abbott and Republican supporters of the legislation.

As passed, Senate Bill 4 allows local law enforcement officers to question the immigration status of people they detain or arrest and punishes local government department heads and elected officials who don’t cooperate with federal immigration “detainers” — requests by agents to turn over immigrants subject to possible deportation — in the form of jail time and penalties that exceed $25,000.

The one part of SB 4 that is still on hold is a provision that punishes local officials from “adopting, enforcing or endorsing” policies that specifically prohibit or limit enforcement of immigration laws. The judges kept that injunction in place, but said it only applies to the word “endorse.” The bill, as passed and signed, would have made elected and appointed officials subject to a fine, jail time and possible removal from office for violating all or parts of the legislation.

The American Civil Liberties Union of Texas, which represents some of the plaintiffs in the SB 4 case, said it was considering how to move forward.

“The court made clear that we remain free to challenge the manner in which the law is implemented, so we will be monitoring the situation on the ground closely,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project.

See here, here, and here for the background. This one is destined for the Supreme Court, but in the meantime it can’t hurt to ask for an en banc review, as this wasn’t the friendliest three judge panel. This is still the injunction phase, not the trial on the merits, so no matter what there’s still a long road ahead. A copy of the ruling is here, and Texas Monthly has more.

Firefighters sue to get their pay parity petitions certified

I’m just going to put this here.

Houston firefighters on Monday asked a judge to force the city secretary to validate signatures on an equal pay referendum petition that has been backlogged in City Hall for eight months.

The referendum would require firefighters to receive the same pay as police officers of corresponding rank. It was first submitted to the city in July but wasn’t validated before the November election. In December, leaders of the Houston Professional Fire Fighters Association sued, asking a judge to give City Secretary Anna Russell 30 days to count and validate the petition signatures.

State District Judge Dan Hinde did not issue an immediate ruling after a three-hour trial Monday.

City attorneys argued the firefighters’ claim lacks the urgency needed to secure a court order.

State law forced Russell last year to count a petition related to alcoholic beverages in the Heights within 30 days, after which she returned to tallying a pension-related petition to amend the city charter that her office received in April, said Assistant City Attorney Brian Amis.

The firefighters’ petition, which also would amend the charter, was submitted in July. State law sets no deadline by which charter petitions must be validated.

When neither petition was verified in time for the November 2017 ballot, Amis said, that removed any urgency behind the count, as the next municipal election will not be held until November 2019.

See here, here, and here for some background. There’s a long section in the story that goes into City Secretary Anna Russell’s process for certifying petitions and how she doesn’t take direction from the Mayor or accept help from the petitioners, both of which I think are good things. I’ll say that it feels a little ridiculous to me that this hasn’t been completed by now – I mean, if it had taken this long to count the anti-HERO petitions, that one may never have gotten on the ballot. On the other hand, maybe this isn’t the sort of thing that should be decided by an oddball sure-to-be-under-ten-percent-turnout election in May. And on the other other hand, I’m hard pressed to imagine any ballot language that won’t be seriously challenged in court regardless of the outcome, which given past history makes one wonder if it wouldn’t be more expeditious to litigate first and vote later. All I know for sure is that as with the District K special election, if we don’t have this ready for the ballot by March 26 – that is, two weeks from today – it ain’t happening in May. Good luck sorting this all out.

Oh, no, Shipley’s

Disgusting.

Three former Shipley Do-Nuts employees are suing the company’s owner for allegedly groping them and making racist remarks, accusations that are consistent with a bevy of civil rights lawsuits filed by former workers since 2004.

The women claim that Lawrence Shipley III “regularly subjected them to unwelcome touching, other inappropriate physical behavior and unwelcome sexual comments,” according to a lawsuit filed in Harris County on Friday against the donut company and its owner.

“(Shipley) hugged Elizabeth Peralta tight across her front and touched her rear and buttocks,” the suit says. “He stared at her breasts and crotch areas. He spanked her rear.”

The other plaintiffs allege similar action from Shipley while working at the Houston-based chain’s North Main Street location. During one incident, plaintiff Esmeralda Sanchez claims Shipley did not punish a male supervisor who made sexual innuendos to her, instead saying that the way she dressed encouraged the behavior. They seek more than $1 million in damages.

The three women are also plaintiffs in a federal lawsuit filed against the company last year for failing to pay overtime, an allegation that’s been lodged many times against the company in suits.

In an email Sunday, Lawrence Shipley said his accusers were caught “red-handed in an elaborate corruption scheme whereby they duped the Shipley companies and more than 20 franchisees out of legitimate delivery and freight services for their own financial gain.”

“And if I were to become somebody I’m not and stumble over to the dark side, it wouldn’t be with these low lifes,” he wrote. “What a baseless, pathetic accusation. That’s my comment.”

An attorney for the three women said it was unclear what Shipley meant in his statement. Karla Evans Epperson said she was not aware of any legal actions against her clients that would explain Shipley’s comments. Two of the women worked in housekeeping, and the other did clerical work, according to the first suit.

Epperson said she wasn’t surprised by Shipley’s comments, though.

“This isn’t his first rodeo,” she said.

There’s more, so go read the rest. That North Main location is where I take the girls for donuts when they convince us to buy them. Not anymore. I will not darken the doorstep of a Shipley’s till this jackass has sold his shares and they have put in real reforms to treat their employees better and prevent crap like this in the future. What a damn shame.

No observers for ADA violations

This is interesting.

Only days before a crucial state primary, the Justice Department has halted its effort to send observers during the election to assess whether Harris County polling sites are accessible to disabled voters.

The observer request was made as part of an ongoing U.S. Department of Justice lawsuit spearheaded by the civil rights and disability rights division in Washington, D.C., alleging Harris County’s voting sites are in violation of the Americans with Disabilities Act. Among the concerns Justice department identified in its claim are the lack of appropriate parking, proper ramps, navigable sidewalks, passageways and voting space, and other mandatory accommodations.

U.S. District Judge Alfred Bennett in Houston told the county at a hearing in April that the scope of accessibility violations at polling places could be so vast that a special master might be needed to sort them out.

As the final days of the early voting were underway, the Justice Department withdrew its earlier request to inspect voting sites during the March primaries, and canceled two related court hearings scheduled for earlier this week.

Devin O’Malley, a spokesperson for the Justice Department, declined to comment about why the attorneys canceled two scheduled hearings this week in Houston.

But Douglas Ray, managing attorney for the public law practice group at the Harris County Attorney’s Office, which represents the county election office, said it’s possible that the lawyers in Washington determined they couldn’t prevail in their motion requesting to send observers to the polls.

See here, here, and here for the background. Another possible explanation is that the original lawsuit was filed by the Obama administration – there were observers in place for the 2016 general election – and the Trump Justice Department is not terribly interested in pursuing any of the actions they initiated. I’m not sure what to make of this, but I’ll say again, I do believe the county could fix an awful lot of these problems if it wanted to without to much fuss. Surely that would be less problematic than fighting the litigation.

TCEQ rejection of Hempstead landfill application upheld

Sweet.

StopHwy6Landfill

A yearslong battle over the construction of a landfill in Hempstead has come to an end for now after a judge ruled in Austin on Friday that Texas Commission on Environmental Quality’s decision to return the landfill’s application should be affirmed, according to court records.

Texas Commission on Environmental Quality had already rejected Pintail Landfill’s second application to build, but the company wanted that decision overturned. The trial took place on Thursday in Travis County’s 250th Civil District Court, where Judge Karin Crump the next day issued her ruling.

“It’s another court victory. It’s been a very long fight,” said Waller County Judge Trey Duhon. “From the beginning we were very clear, that this was absolutely one of the worst spots that you can possibly locate a landfill.”

The landfill, which would be built north of Hempstead off Texas 6 in Waller County, has been opposed for years by community members because they felt it would negatively affect their water supply and economic future. A local group, Citizens Against the Landfill in Hempstead, has actively worked against the construction of the landfill, raising more than $2 million for the cause through community garage sales and other fundraisers.

See here for the most recent update. You would think this would be over by now, but the judge’s ruling can be appealed, so it ain’t over yet unless Green Group throws in the towel. One hopes this time the message will sink in. Congrats to CALH for the latest victory.

Feds sue city over HFD sex discrimination claims

Yikes.

The Justice Department has sued the city of Houston over sex discrimination claims launched by two female firefighters who say their male coworkers tormented them by urinating on the women’s bathroom walls and sinks and scrawling vulgar slurs on their belongings.

Male firefighters allegedly turned off the cold water in showers to scald their female coworkers and disconnected speakers to prevent women from responding to calls in a string of bad behavior that eventually escalated to death threats, according to the lawsuit.

“Far too often, women are targeted and harassed in the workplace because of their sex,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Employees have the right to work in an environment that is free from sex discrimination and retaliation.”

The conduct continued over time despite at least nine complaints to management, which failed to remedy the situation and allegedly created a hostile work environment for firefighters Jane Draycott and Paula Keyes.

The city did not comment on the suit, while the firefighters’ union pushed to see more evidence released in the case and decried long-standing criticism of the department.

“Dozens of firefighters cooperated in the various investigations of this incident, but unfounded criticism of Houston firefighters has continued for years,” Houston Professional Fire Fighters Association President Marty Lancton said.

[…]

Representatives from the firefighters’ union said the lawsuit underscored the need for city officials to make public the findings of an investigation involving 40 firefighters that were polygraphed and who gave sworn statements or handwriting samples during the investigation.

“From the beginning of this controversy, Houston firefighters have wanted the perpetrator(s) of the incidents at Station 54 found and punished appropriately,” Lancton said, in an emailed statement.

The union leader emphasized that the firefighters exonerated in the course of the investigation deserved to be recognized as such.

“Former Mayor Annise Parker rightly said in 2010 that Houston firefighters were ‘unjustly under a cloud.’ Eight years later, the cloud remains,” he said.

“The time has come for authorities to release all of the evidence in this case. Without a proper conclusion, the unjust ‘cloud’ will undermine a basic tenet of our justice system – innocent until proven guilty.”

The city has since announced that it will defend itself and that it “does not tolerate any form of discrimination or harassment”; you can see the city’s statement here. I thought I’d written more about this in the past, but this is the only post that I can find.

The behaviors alleged are terrible and disgusting. I can’t imagine what it was like to be Jane Draycott or Paula Keyes. The fact that a city investigation failed to find the perpetrators – the story also referenced an unsuccessful FBI investigation – is greatly disheartening, and I think the key to this. Because while it may be the case that “dozens of firefighters cooperated” in those investigations, the one thing that I know to be true is that it is firefighters who did these vile acts, and firefighters who know who did them. And neither the guilty parties nor their buddies, who surely know who they are and what they did, came forward to admit any of it.

So while there is a cloud over the department, it is for that reason that I disagree that it is “unjust”. I guarantee you, there are plenty of firefighters who know who did what and when. Maybe that information exists in the city OIG report, but it doesn’t really matter. Nothing is stopping the firefighters who know the truth from coming forward on their own and telling it. And please, don’t tell me that it would be hard or that they would put themselves at risk or anything like that. It was hard for Jane Draycott and Paula Keyes. Jane Draycott and Paula Keyes put themselves at significant risk, and they very much felt the consequences for that. The firefighters who know the truth can damn well deal with it.

So sure, the city should release its report. Maybe it will tell us things we don’t already know. But some people could tell us even more than that. It’s time they started. The #MeToo movement is ultimately about work, and the women who have been denied the opportunity to do the work they want to do, not just by the lowlifes who harass them but by those who stood by and stayed silent as it was happening. Now, at long last, is HFD’s chance to do something about that. Courthouse News, which has a copy of the lawsuit, has more.

SCOTUS will hear oral arguments in the Texas redistricting case in April

On April 24, to be specific, according to Michael Li on Twitter. Both the Congressional and state legislative cases will be consolidated into one for the arguments. That means we should have a ruling by the end of June. See here for some background, and the Brennan Center for pretty much everything you need to know.

ACLU goes after Judge McSpadden

As well they should.

The ACLU of Texas is asking Harris County’s longest serving felony court judge to resign after making a statement to the Houston Chronicle on his views about black men’s attitudes toward the criminal justice system.

The civil rights group also is asking that the judge be automatically recused from cases involving African-American defendants until an investigation into potential racial bias occurs, according to a news release Tuesday.

[…]

“If there remained any doubt that the deck is stacked against people of color in our criminal justice system, Michael McSpadden just dispelled it,” said Terri Burke, executive director of the ACLU of Texas. “When a sitting judge feels comfortable enough to admit openly and on the record that he uses bail orders to jail black defendants on the assumption they can’t be trusted, it’s time to take action. This kind of flagrant racism has no place in our justice system.”

She said, “The Texas Commission on Judicial Conduct needs to take the first step toward rooting it out, and Judge McSpadden should voluntarily step down.”

McSpadden could not be immediately respond to a request for comment Tuesday. His court staff said he was on the bench hearing cases.

The civil rights organization said McSpadden’s comments violate the Texas Code of Judicial Conduct and could merit removal from office.

“Judge McSpadden’s remarks are inexcusable, but not at all surprising for those of us who know the justice system well,” said former death row inmate Anthony Graves, who runs a criminal justice initiative for the ACLU of Texas.

See here for the background. Perhaps there’s some context Judge McSpadden can add to his comments, or perhaps he could just admit that was a dumb and offensive thing to say and offer an apology for it. People may or may not accept either action, but at least it would be something. In the absence of any such followup, one is left to conclude that he has nothing further to say on the matter. Whatever one may have thought of Judge McSpadden before now, that’s not a good look. And as a reminder, Judge McSpadden is up for election this fall. For all the griping some people do about partisan judicial elections, they do at least give the voters the chance to correct errors on the bench.

On a side note, two of Judge McSpadden’s colleagues on the misdemeanor courts are again urging the county to settle the bail lawsuit.

“The most conservative appellate court in this country, strict constitutional conservatives, have said that this practice that we are doing is unconstitutional,” said Judge Darrell Jordan, one of the defendants in the lawsuit.

Jordan told County Judge Ed Emmett and county commissioners that fighting the suit had already cost Harris County $6 million in legal fees. “I’m asking that you all cut this last check, fire these $6 million lawyers, let the County Attorney’s office come, and we all sit down and work out a settlement.”

Jordan’s co-defendant, Judge Mike Fields, urged Emmett and the commissioners to “use every tool in your arsenal to help us settle this lawsuit.” Fields added, “Our county needs to settle this for financial reasons, and our public needs it settled for reasons of good governance and confidence in the criminal justice system.”

Judge Emmett said he’s willing to settle on the basis of the 5th Circuit’s ruling, but said plaintiffs haven’t responded to offers to talk.

Judge Jordan, the lone Democrat on these benches, and Judge Fields have been the lone voices from those courts for sanity. Unfortunately, their colleagues remain uninterested in such matters as the cost of the litigation and the fact that they’ve lost at every step and looked bad in doing so. And they’re all up for election this November. See my comments above on that.

HISD’s budget deficit is a little smaller

A bit of good news.

Houston ISD administrators do not expect to cut magnet programs or re-open the magnet application process ahead of the 2018-19 school year, an announcement likely to ease fears among parents who send their children to choice schools.

Houston ISD leaders said Monday they are lowering the district’s projected budget deficit from about $209 million to $115 million, which would dramatically reduce the level of potential staff and program cuts.

The two announcements reflect the shifting nature of Houston ISD’s plans for major changes throughout the district, which have provoked anxiety among many parents and staff members. District leaders are proposing changes to the district’s magnet and funding systems — with the goal of providing more resources and programs to students in lower-income neighborhoods while facing a significant budget deficit largely brought on by the state’s school finance law.

Administrators are considering whether to phase out some magnet programs that have relatively little student interest or no consistent programming throughout a feeder pattern. District leaders want to better align magnets so students follow the same program from elementary through high school.

Administrators do not expect to cut many magnet programs, but any changes would not be made until 2019-20. Chief School Support Officer Mark Smith said the district did not want to rush any reductions that would force parents to immediately seek new options for their children.

See here for the background. What drove the sunnier budget estimate? Here’s the explanation.

When HISD first began budgeting for the 2018-2019 school year, it was in the immediate aftermath of Hurricane Harvey. Using a worst-case scenario, the district’s financial team projected a $208 million deficit based on four dynamic factors: the Local Optional Homestead Exemption (LOHE) lawsuit, a recapture payment to the state, a potential property tax value decreaseand an anticipated student enrollment decline. Taking direction from HISD Board President Rhonda Skillern-Jones, district administrators crafted a revised budget outlook for the 2018-19 school year.

The district’s legal team feels strongly that the state will prevail in the LOHE lawsuit. For HISD, this means a reduction in its recapture payment because the TEA will recognize half of the 20 percent local homestead exemption given to homeowners. A decision in the lawsuit could come after a hearing this spring. A win would reduce HISD’s recapture payment by $51 million.

Under the Texas Education Code, TEA Commissioner Mike Morath has the authority to adjust property values. Based on the damage sustained from Hurricane Harvey and the lasting impact of the storm on our students and staff, we anticipate the commissioner will adjust property values, which in turn, would reduce our recapture payment. Governor Greg Abbott, Lt. Governor Dan Patrick, and other state leaders have publicly stated their support for this action. Click here to review a September 2017 press release from Lt. Governor Dan Patrick that confirms his support for schools districts in Region IV impacted by Hurricane Harvey, which includes HISD. In addition, Commissioner Morath surveyed school districts after the hurricane to gather projections on their property tax collections post-Harvey. HISD estimates a $42 million adjustment for property value loss associated with Hurricane Harvey.

It was prudent to budget under the worst-case assumption, and it makes sense to adjust on the reasonable expectation that he reality is better. HISD still has a big hole to fill, and changes to the magnet programs will be difficult and disruptive, though long overdue. I confess that I haven’t been following all this very closely – sorry, all the election stuff has taken over my brain – but I will get back into it as the process begins.

Hey, let’s file another lawsuit to kill Obamacare!

Sure, why not?

It’s constitutional – deal with it

Texas is suing the federal government over President Barack Obama’s landmark health law — again.

In a 20-state lawsuit filed Monday in federal court, Attorney General Ken Paxton argued that after the passage of the GOP’s tax plan last year — which also repealed a provision of the sweeping legislation known as “Obamacare” that required people to have health insurance — the health law is no longer constitutional.

“Texans have known all along that Obamacare is unlawful, and a divided Supreme Court’s approval rested solely on the flimsy support of Congress’ authority to tax. Congress has now kicked that flimsy support from beneath the law,” Paxton said in a statement Monday. “With no remaining legitimate basis for the law, it is time that Americans are finally free from the stranglehold of Obamacare, once and for all.”

Texas has sued the government more than 60 times since 2008, and those efforts haven’t ceased since the Obama administration gave way to that of President Donald Trump last year.

I couldn’t find any other stories about this, so I can’t tell you if any actual legal experts think there’s merit to this. But you know, if Super Legal Genius Ken Paxton thinks it’s a winner, then who am I to argue?

UPDATE: Ian Millhiser calls it “risible” and “‘Gotcha’ litigation”, but notes it was filed in the court of that judge who has issued national injunctions based on Ken Paxton’s flights of fancy before, so who knows.

Electoral College lawsuit filed

I’m not sure about this.

Saying Texas’ current practice is discriminatory, a group of Hispanic activists and lawyers has sued the state in hopes of blocking it from awarding all of its Electoral College votes to one candidate during presidential elections.

The lawsuit filed in federal court Wednesday calls on Texas to treat voters “in an equal manner” by abolishing that “winner-take-all” approach, which all but two states use. The suit, filed by the League of United Latin American Citizens and a coalition of Texas lawyers, says that approach violates the U.S. Constitution and the 1965 Voting Rights Act. It’s just one of many pending voting rights lawsuits arguing that Texas, which regularly votes Republican, has illegally discriminated against voters of color.

Similar Electoral College lawsuits were also filed Wednesday in Republican-dominated South Carolina and Democratic-leaning Massachusetts and California. The South Carolina suit also alleges a Voting Rights Act violation.

At the suit’s core is the doctrine of “one person, one vote,” rooted in the 14th Amendment. The plaintiffs argue that the winner-take-all system is unconstitutional because Texans who favor losing candidates “effectively had their votes cancelled,” while voters who favor winning candidates see their influence “unconstitutionally [magnified].” The suit also alleges that winner-take-all violates the First Amendment.

[…]

Lawyers have asked the court to declare the winner-take-all approach unconstitutional and set “reasonable deadlines” for state authorities to propose an alternative system.

The winner-take-all method is nearly ubiquitous — only Maine and Nebraska use other systems. If the plaintiffs were to prevail in their cases, the potential impact on presidential elections would be huge. But it’s unclear how far the cases will go.

I mean, if the end goal here is to abolish the Electoral College and install a straight-up popular vote for President, I’m cool with that. There are political efforts underway to achieve this, such as National Popular Vote that I think are both more promising and more broad-based, but it’s been around for awhile and still has a long way to go. If however the goal is to replace the current system with some other kind of proportional Electoral College system, such as the EVs-by-Congressional-district or EVs-as-a-percentage-of-the-state-vote, then count me out. Both of those are too convoluted, and in the Congressional case subject to its own set of shenanigans, and neither to my mind addresses the “one person one vote” complaint in a satisfactory fashion. The problem isn’t that the Electoral College is broken and needs fixing, the problem is that it was a bad and undemocratic idea to begin with. That’s a worthy goal, and one I support.