Rep. Nehls defends himself against stolen valor charges

This whole thing is so weird.

Rep. Troy Nehls

Under fire for accusations of stolen valor, U.S. Rep. Troy Nehls is doubling down on defending his military record by blaming “the establishment” forces seeking to discredit him.

Nehls, R-Richmond, has been under intense scrutiny over his display of a combat service badge that the Army revoked and removed from his service record last year.

Nehls, who represents a large swath of suburbs southwest of Houston, released what he called a “final written comment” on the controversy Tuesday afternoon. Nehls did not dispute that his Combat Infantryman Badge (CIB) had been revoked by the Army, but offered no explanation for why he continued to wear it until as recently as this month.

The congressman instead accused his critics of using the military to undermine him for his hardline conservative views. Nehls is a member of the far-right Freedom Caucus.

“Unfortunately for me, as an America First Patriot and an outspoken member of Congress, there are no lengths to which the establishment won’t go to discredit me, including my CIB, which I was awarded over 14 years ago,” Nehls said in his Tuesday statement. “Nothing more needs to be said.”

On Wednesday, Nehls had apparently stopped wearing the badge.

[…]

Nehls served in the Army from 1988 to 2008, first with the Wisconsin National Guard and then in the Army Reserve. During his two deployments to Iraq and Afghanistan, Nehls served in the civil affairs branch, the Army confirmed to the Washington outlet NOTUS. The Combat Infantryman Badge was apparently incorrectly awarded for his tour in Afghanistan in 2008.

Only infantrymen or Special Forces soldiers who engaged in active combat are eligible for the Combat Infantryman Badge.

In his Tuesday statement, Nehls appeared incredulous over the Army’s move to rescind his badge, even as he acknowledged that it occurred. Nehls previously argued in a letter to the Army’s human resources command that the division he had been a part of was indeed a combat unit.

See here for the background. I would just note that every person quoted in the original article that criticized Rep. Nehls for this was one of his Republican colleagues in Congress, including Rep. Wesley Hunt from the neighboring CD38. I suppose that means they’re all “the establishment”, but it makes me wonder if anyone in Congress likes Rep. Nehls. Maybe that should be more of a concern for him. The Chron has more.

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When you’re hoping for a hurricane

Doesn’t seem like a great position to be in.

South Texas was prepared for a deluge.

City officials distributed sandbags and planned road closures. Gov. Greg Abbott declared a state of disaster before Tropical Storm Alberto, which was projected to dump up to eight inches of rain in the Rio Grande Valley.

But by the time the storm passed, the four-county region in the southernmost part of Texas only saw about half that. The shortfall was good news for residents concerned with flooding. And yet, it was hardly enough to raise the level of water in two reservoirs that serve the millions of people along the Texas-Mexico border.

The levels at the Amistad International and Falcon International reservoirs remain near or at record lows. The lack of water threatens the region’s agricultural industry and residential users alike. Earlier this year, the last sugar mill in Texas announced its closure after 50 years due to water scarcity and local agriculture leaders worry citrus could be next.

The Falcon reservoir is at approximately 11%. The reservoir saw a slight uptick from a record low of 8.8% on May 28 partly thanks to the rains from Alberto. Meanwhile the Amistad Reservoir, which did not receive much rain, is at a record-breaking low of about 19% as of Monday morning, according to Barry Goldsmith, a meteorologist from the National Weather Service in Brownsville.

The low water reserves are partly due to the lack of water deliveries from Mexico that are required under a 1944 treaty between the two countries. Mexico is required to deliver water to the U.S. from six tributaries that feed into the Rio Grande. In exchange, the U.S. delivers water from the Colorado River to Mexico.

But Mexico’s own drought has led the country to fall behind on its deliveries, raising doubts about whether it will be able to release the 1,750,000 acre-feet of water it is required to by the end of the current five-year cycle which ends in October 2025.

Without water from Mexico, farmers are hoping for an especially active hurricane season and there is reason to be hopeful.

We’ve heard plenty about this year’s hurricane season, but that’s the first time I’ve seen the word “hopeful” attached to it. I get it, they need a lot of water, and these storms deliver exactly that. Still feels weird to be expressing it like this, especially given how big Hurricane Beryl has become already. I hope they can get what they need without it causing too much collateral damage. In the meantime, having an actual response to the current and future climate conditions would also be nice.

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Weekend link dump for June 30

A Spaceballs sequel is in the works.

“How Josh Marshall has sustained Talking Points Memo amid the wreckage of modern journalism”.

“Young basketball player Olivier Rioux is so tall that he’s setting records simply by continuing his education. The 18-year-old Montreal native recently graduated from high school and has committed to Florida. The school lists his height at a mind-blowing 7-foot-9. That would make him the tallest college basketball player in history.”

“Maybe states should require that copies of the 10 Commandments be posted in every room of every church? That’s what conservative white-/Christian-nationalist MAGA evangelicals seem to favor as the solution to moral failures anywhere else in society.”

“Yet Restorative Reproductive Medicine isn’t the politically neutral medical field that the measure’s champions claim. Rather, it’s the latest rebranding of an IVF “alternative” by religious groups who consider the process of IVF, which can include the destruction of unused embryos, to be a form of abortion.”

“After nearly a quarter century, The Jim Henson Company is selling off its historic studio lot in Los Angeles”. Their main headquarters in New York is unaffected. Mark Evanier has more on the interesting history of that lot.

“In a survey of Americans conducted days before the Dobbs decision was leaked, almost two-thirds of Americans agreed churches and religious organizations have a responsibility to increase support for women who have unwanted pregnancies if their state restricts access to abortion. According to those who attend, the majority of Protestant churches in the U.S. are not supporting a pregnancy resource center that exists either separately or as part of their church.”

Not being able to find a job as a canary breeder will no longer stop you from being able to get disability benefits.

“Overturning Roe Didn’t Just Cut Off Access. It Sabotaged Science, Too.”

You can get your Alex Trebek stamps now.

“The whole comment and analogy are actually a good window into just how what we might call electoral authoritarianism works. It is corrupt both in the civic sense and the venal sense. With Trump specifically, it’s tied to the acquisition and hold on power but also … let’s be honest, he wants a cut. He wants the money. It’s not just about punishing and rewarding.”

“It’s funny. It seems like the greatest amount of enthusiasm for Charlotte to have Major League Baseball is everywhere but Charlotte. For people who have been here a long time, Charlotte has been perpetually ‘five years away from Major League Baseball’ going all the way back to the ’90s, maybe even farther.”

“President Joe Biden issued a blanket pardon on Wednesday morning to LGBTQI+ service members removed from the military because of their sexual orientation or gender identity.”

RIP, Jewel Brown, Houston blues and jazz singer who performed with Louis Armstrong.

RIP, Bill Cobbs, veteran character actor known for The Hudsucker Proxy, The Bodyguard, Night at the Museum, and more.

“A jury in U.S. District Court ordered the NFL to pay more than $4.7 billion in damages Thursday after ruling that the league violated antitrust laws in distributing out-of-market Sunday afternoon games on a premium subscription service.”

Little whinging fuckers are as little whinging fuckers do.

RIP, Martin Mull, character actor known for Roseanne, Arrested Development, Clue, and many other roles.

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Anti-gay Waco JP gets her lawsuit reinstated

Boy, the State Supreme Court sure had a banner day on Friday.

The state’s highest court ruled Friday that a Waco judge who had refused to officiate same-sex marriages had a right to sue the State Commission on Judicial Conduct for reprimanding her.

Justice Dianne Hensley had refused to officiate same-sex weddings based on her religious views, prompting the State Commission on Judicial Conduct to issue a public warning against her declaring she could not perform her role as judge impartially. Hensley then sued the commission on First Amendment grounds, eventually appealing a lower court’s decision to the Texas Supreme Court. In an 8-1 decision Friday, the court granted Hensley standing to sue but did not weigh in on whether she had indeed violated judicial codes of impartiality.

Hensley was elected Justice of the Peace in McLennan County in 2014, one year before the Supreme Court ruled that institutions could no longer refuse the right for same-sex couples to marry. When gay marriage became legal in Texas in 2015, Hensley initially refused to officiate weddings altogether. Eventually, she began offering wedding services to heterosexual couples again and said she would refer same-sex couples to other judges in the area willing to perform the service.

The State Commission on Judicial Conduct argued that Hensley’s discriminatory practices meant she could not rule on same-sex issues or defendants fairly. With the help of conservative law group America First Legal, Hensley sued the commission on grounds that the warning violated her religious freedoms, but a lower court sided against her.

The court’s opinion issued by Chief Justice Nathan Hecht argued that because officiating weddings is not one of Hensley’s required duties as justice of the peace, how she chooses to perform that duty is not necessarily a reflection of how she carries out her responsibilities on the stand. Justice Jimmy Blacklock filed a concurring opinion arguing that the lower court should have never ruled against Hensley in the first place, since no same-sex couple had complained about her separate-but-equal practices.

See here for the previous update. As noted, the Court’s opinion did not address the merits of Hensley’s claim, just that she had the standing to pursue it in court at this time. The lone dissenter was again Justice Debra Lehrmann, and while her dissent was on technical legal grounds, it’s worth quoting from so you can understand a little better the question the Court actually decided.

In sum, the judge could and should have engaged in the procedure provided by the Government Code for obtaining judicial review of the
public warning, as nothing precluded her from bringing affirmative claims under TRFRA and the UDJA after exhausting that procedure. See CPS Energy, 671 S.W.3d at 620. Because she did not, the district court lacked jurisdiction and appropriately dismissed this suit.
Chaparral Energy, 546 S.W.3d at 138 (“When an agency has exclusive jurisdiction, courts lack jurisdiction until the party has exhausted all
administrative remedies before the agency.”).

I express no opinion on the merits of the judge’s TRFRA claims.4 I would hold only that she failed to exhaust her administrative remedies
before filing this suit, thereby depriving the district court of jurisdiction. Because the Court holds that exhaustion was not required, I respectfully dissent.

Basically, the lower courts said that since Hensley had an administrative remedy available to her, she needed to go through that first before she could sue. SCOTx said nah, she can sue now, Justice Lehrmann disagreed. Now the appeals court will hear the case and address the merits claim. That will be fun. KERA has more.

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Reps. Fletcher and Hunt push flood tunnel study

Good teamwork.

Japanese flood tunnel

After six years of delays, the U.S. Army Corps of Engineers is under new bipartisan pressure to complete the study of a massive underground tunnel system in Houston that could prevent catastrophic flooding like what happened during Hurricane Harvey.

U.S. Reps. Wesley Hunt and Lizzie Fletcher — once political rivals who ran against each other in 2020 — have joined forces and inserted language into pending federal legislation that demands the Army Corps speed up a long overdue review of the project and submit it to Congress by the end 2025.

“The Corps, basically, they’ve been dragging their feet a little bit on it,” Hunt, a Republican in his first term, said of what has been called the Buffalo Bayou and Tributaries Resiliency Study.

Hunt said he and Fletcher, a Democrat, have met with Army Corps officials and written numerous letters in support of the study but feel they need to push the bureaucracy more for the long-talked-about project that has broad community support.

In the past, Army Corps officials have raised concerns about the price tag, which could be as much as $12 billion, and have worried about the project’s effectiveness. In an earlier preliminary report released in 2020, they warned that the diverted water from a tunnel system would be potentially pushed to areas that are also already at flood stages.

The Army Corps has outlined other alternative projects to address flooding, like digging Buffalo Bayou wider and deeper or building a third dam and reservoir on the Katy Prairie.

But Hunt worries that those aren’t enough to protect one of the biggest and most important cities in America from another flooding catastrophe. He said the community wants a bolder project that will have a greater impact in protecting homes and businesses.

See here and here for my most recent posts on the topic of flood tunnels; there are more links in the second article if you want further reading. I don’t know if this is the best solution or not. It has promise, but I’m no expert. What I worry about is how long it takes for this stuff to get done. I get it; these are extremely complex situations, with all kinds of potential ramifications for large swaths of land and millions of people. You don’t want to rush these things. But at some point you need to make a choice and start building, because the flooding threat is not getting any smaller. We really don’t want to find ourselves after another massive storm saying “well, if we’d gotten that project done by now it really would have made a difference”. Let’s pick a lane and get moving.

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A more in depth overview of electric flying taxis

Good stuff here.

Joby Aviation/© Joby Aero, Inc.

When the electric air taxi revolution arrives, you probably won’t it hear coming. A remarkable feature of an electric vertical takeoff and landing (eVTOL) aircraft is how quietly it flies, scarcely noticeable amid typical city traffic sounds. Unlike a helicopter, there’s no pounding, 90-decibel “thwop, thwop, thwop.” In contrast, eVTOL aircraft use multiple small propellers that spin half as fast as a chopper’s rotor—avoiding the annoying, low-frequency sound pulses created by the big whirling blades.

Electric motors, which are quieter than helicopters’ turbine engines, also help keep any racket to a minimum. “The latest air taxi designs, such as those from leading builders like Joby and Archer, deliver a 20- to 25-decibel reduction in noise levels compared to helicopters,” says Mark Moore, the trailblazing engineer who led the development of NASA’s X-57 Maxwell electric airplane. That means that eVTOLs could be four or five times less noisy to nearby listeners. Beyond offering quieter flights, these new machines should also be significantly safer, greener and cheaper to fly than helicopters. Moore maintains that electric air taxis are uniquely suited for what the aviation industry calls urban air mobility (UAM) services, enabling normally gridlocked travelers to “take advantage of the third dimension to escape the ant trails on the ground.”

More than two dozen major eVTOL builders have been founded in the past decade, and a few are nearing commercial certification from the U.S. Federal Aviation Administration or its European counterpart, the European Union Aviation Safety Agency (EASA). Each company is working on its own homegrown aircraft design, but all have the same goal: to provide on-demand air trips no longer than 18 to 25 miles—the “sweet spot” range for first-generation, battery-electric eVTOL taxis. These short, high-speed hops could carry commuters between city centers and airports or transport cargo and packages. Militaries may want eVTOLs for casualty evacuations or logistical supply. Other potential uses include air ambulances, donor organ delivery and police transport, as well as scheduled shuttles and ecotourism trips—and, of course, personal flying cars.

[…]

Noise reduction isn’t the only perk of this propulsion approach. Many propellers offer safety redundancy that helicopters, with only one or two rotors, cannot, Moore says. If one propulsor fails, others can take the load. And unlike helicopter turbine engines that spew fossil fuel exhaust, he notes, “electric motors are low- or zero-emissions.”

The engineers and designers creating these craft couldn’t, however, simply swap turbines for electric motors. “Replacement with electric power would mean less performance in many cases,” Langford points out. “The low energy density of batteries means that electric aircraft are best suited to short-range missions—less than 200 miles, often way shorter than that.” But he adds that eVTOLs’ high efficiency and low maintenance needs can mean lower operating costs—the big draw for electric air taxi proponents.

Key among all the designs, therefore, is minimizing weight to avoid overtaxing the batteries—the weakest link among eVTOL systems—especially during takeoffs and while hovering. Many current eVTOL aircraft are being optimized to replace 60- to 90-minute car commutes with 10- to 20-minute air taxi rides flying at perhaps 150 mph. That’s why nearly all air taxi designs feature lightweight carbon-composite airframes.

There’s a lot more, and it’s fairly technical but still readable, so check it out. There are multiple types of these beasts out there and in development, and the story gets into that. There’s still no discussion of where the takeoff and landing points will be, which to me limits the reach and utility of these things; both travel times and cost of using the service are different if you have to include getting to and from the heliport and each end of the trip, as well as whatever ancillary transportation you’ll need at both ends. Cost was also not discussed, and at this time I remain convinced this will be more of a luxury service than a commodity. But we’ll see.

And we may see more of it in Houston in the near future.

Houston Airport System (HAS) announced a Memorandum of Understanding with Wisk Aero, a fully-owned subsidiary of Boeing, which recently announced a similar partnership with the city of Sugar Land. For the next year, the company will identify vertiport infrastructure at Houston’s three airports — George Bush Intercontinental Airport, William P. Hobby Airport, and Ellington Airport.

“During my time in the Texas senate, I voted for legislation supporting advanced air mobility. This public-private partnership marks a significant step forward for the City of Houston as we invest in innovative and sustainable modes of air transportation,” Houston Mayor John Whitmire says in a statement. “The collaboration underscores our commitment to pioneer advancements that will shape the future of urban mobility.”

Wisk will also develop Houston-area relationships and chart out flight paths for self-flying, electric vertical takeoff and landing (eVTOL) air taxis. The company’s Generation 6 aircraft is autonomous, but a human supervisor remotely oversees every flight.

“Houston is at the forefront of aviation and aerospace innovation, so it’s only fitting that Houston Airports take the first steps to explore the next generation of air transportation,” says Jim Szczesniak, director of aviation for Houston Airports. “Our partnership with Wisk represents a bold step towards revolutionizing air mobility not just within our city, but across the entire Greater Houston region.”

See here for some background on that. Wisk was aiming for service by 2030 for its automated eVTOLs in Sugar Land. I don’t see any dates in this article, which I presume is mostly based on a press release, so I’d assume the time frame is similar. As we know, there are some plans in the works to have some form of flying taxis in place for the FIFA World Cup in 2026. We’ll see if that actually happens.

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State Supreme Court upholds gender affirming care ban

Can’t say I’m surprised. Hugely disappointed, but not surprised.

The Texas Supreme Court upheld a recent state law that prohibits doctors from prescribing gender-affirming care to transgender minors after parents and medical professionals challenged the constitutionality of the restriction.

Justice Rebeca Aizpuru Huddle, who delivered the opinion of the court, said that although “fit parents” have a right to raise their children, without government interference, but also said that such a right is not absolute.

“When developments in our society raise new and previously unconsidered questions about the appropriate line between parental autonomy on the one hand and the Legislature’s authority to regulate the practice of medicine on the other, our Constitution does not render the Legislature powerless to provide answers,” she wrote.

State lawmakers barred transgender teenagers from accessing puberty blockers and hormone therapy last year, despite fierce opposition from LGBTQ+ advocacy groups and parents of trans children. Texas’ ban on transition-related care mirrored those in dozens of states led by Republican legislatures.

See here for some background, and here for a copy of the opinion. It was an 8-1 decision, with Justice Debra Lehrmann dissenting. Her dissent is here, and she didn’t mince words.

At its core, this case presents a foundational issue: whether the State can usurp parental authority to follow a physician’s advice regarding their own children’s medical needs. The parents at issue are thoughtful, conscientious caretakers who are doing the best they can to deal with serious health conditions with which their children have been diagnosed. They certainly are not mistreating their children. To the contrary, they are facing this challenge with extraordinary courage, fortitude, and perseverance. The State’s categorical statutory prohibition prevents these parents, and many others, from developing individualized treatment plans for their children in consultation with their physicians, even the children for whom treatment could be lifesaving. The law is not only cruel—it is unconstitutional.

The Court claims that its decision today does not deprive children diagnosed with gender dysphoria of appropriate treatment; it is simply answering the legal question before it. Yet, answering the question does just what the Court denies—it effectively forecloses all medical treatment options that are currently available to these children. And it does so under the guise that depriving parents of access to these treatments is no different than prohibiting parents from allowing their children to get tattoos. Of course, there is nothing remotely medically necessary about tattooing. Confusingly, the Court relies on cases unrelated to medical care to support its holding that the Legislature’s authority to regulate the practice of medicine preempts the fundamental rights of parents. And though it admits that parental autonomy is a fundamental liberty interest encompassing the right to make medical decisions for one’s children, the Court nevertheless refuses to apply the constitutional scrutiny mandated for fundamental liberty interests.

While I agree that the Legislature has the general authority to regulate the practice of medicine, that authority is necessarily limited by the promises and protections of our Constitution; in fact, limiting the State’s intrusion into private action is the very reason for the Bill of Rights. Thus, even when the Legislature exercises its delegated powers, it does so subject to the constitutional rights of citizens—not the other way around. If the Legislature’s enactments infringe upon a fundamental liberty interest, those enactments must be subjected to the appropriate constitutional scrutiny.

Although this Court has enshrined a robust conceptualization of parental autonomy for many years, in the blink of an eye, the Court
tosses that precedent aside today.

It goes from there, so read on as you see fit. Her first analysis section is titled “SB14 is a hatchet, not a scalpel”. Kudos to Justice Lehrmann for having the scruples to see this issue for what it is. A statement from the ACLU of Texas is here, and the Chron and The 19th have more.

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Metro officially fails to follow through on the Universities Line

Cowards.

What was promised…

Transit officials received a busload of criticism Thursday for the decision to pause the long-planned east-west spine of rapid transit in the region, with some critics questioning whether the decision was an attempt to kill the line altogether.

“I know you said it is a pause but it feels like a cancelation,” Mitchell Walker told the Metropolitan Transit Authority board. “It looks like indefinitely postponing it.”

Metro staff, citing budget forecasts for the next five years, recommended pausing development of the 25.3-mile University Corridor and not continuing the Federal Transit Administration process to seek federal funding at this time.

Officials said they could re-engage with FTA later, but planning, building and operating the line – estimated to cost $2.2 billion – is not prudent when Metro has various other priorities.

Metro board members, despite calls for a formal vote, only accepted the staff’s analysis and did not approve not proceeding. No vote was required to shelve the project.

Metro chair Elizabeth Brock defended the decision to delay the project, but conceded transit officials need to improve their community outreach.

“This deadline came up on us very quickly,” Brock said, noting that six of Metro’s nine board members – including herself – were sworn in this year.

“We need to go on a communication tour,” Brock said. “There were promises made and now we are going in a different direction and we can say why that is.”

See here for the previous entry. We are still being gaslit here – surely the previous Metro Board had the paperwork for this grant ready to go, and if this did in fact catch the new Board by surprise, it just adds to the list of reasons why they’re a bunch of incompetents. This was a long week and I need to decompress a little, so I will just say that I never thought I would see the day when the Metro Board was the single biggest obstacle to better public transit in Houston. Even the Board under David Wolff didn’t do this kind of damage, and the sins they committed were of ambition and cutting corners; the Gilbert Garcia Board got things going again with no lasting harm done. Their lack of vision is pathetic and not worthy of our city. Houston Landing has more, as does this Twitter thread, which documents the public feedback the Board received.

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We’re already declaring gambling bills dead for the 2025 session

Saves time, if nothing else.

Photo by Joel Kramer via Flickr creative commons

Efforts to legalize casino gambling in Texas appear to be an even greater long shot in the Legislature next session.

In 2023, the Texas House fell eight votes short of advancing a state constitutional amendment to allow eight destination resort casinos to be built in the state.

When the next legislative session begins in January, it will have to be the Senate — not the House — that initiates action on casinos, said state Rep. Jeff Leach, R-Allen.

“Based on what happened last session, I believe it’s generally understood that unless and until there is real movement and momentum in the Senate next session — meaning the Senate actually taking up and considering the issue — there is likely not going to be any meaningful action on it in the Texas House,” Leach said in a text message to The Dallas Morning News.

That could be a major hurdle. Lt. Gov. Dan Patrick, who presides over the Senate, has said there were not enough votes in the Senate to support casinos.

“My experience and my knowledge is that we aren’t even close to having 15 or 16 votes for casinos,” Patrick said in a Dec. 1 interview with CBS News Texas.

In addition, the party platform recently approved by delegates to the Texas Republican convention takes a dim view of gambling and calls for GOP lawmakers to refuse campaign donations from lobbyists and organizations tied to the gambling industry.

“We oppose any expansion of gambling, including legalized casino gambling,” the platform said.

[…]

Mark Cuban, the former majority shareholder of the Dallas Mavericks, told The Dallas Morning News in 2022 his goal was to build a new arena in the middle of a resort and casino in partnership with the Sands.

Miriam Adelson, the majority shareholder of the Las Vegas Sands, purchased Cuban’s majority stake for $3.9 billion. On Thursday, the Mavericks advanced to the NBA Finals and will face the Boston Celtics starting June 6.

Patrick Dumont, Adelson’s son-in-law who also involved in the purchase, told The Dallas Morning News in February that he believes there is an “opportunity” to develop destination resorts in Texas over the next few years. Dumont succeeded Cuban as the Mavericks governor.

Adelson and her late husband, Sheldon Adelson, have donated $21.5 million to Texas political organizations and candidates since 2018, including $1.5 million to Gov. Greg Abbott’s campaign. Sheldon Adelson died in January 2021.

So far in 2024, Miriam Adelson has donated $4.1 million to the Texas Sands PAC.

Abbott has expressed openness to resort casinos in Texas. So has House Speaker Dade Phelan, who survived a primary challenge but faces two announced candidates for speaker in the 2025 legislative session.

Here’s the DMN link for this story. I make a habit of posting about this biennial kabuki dance, so you know the basic story quite well by now. At some point, one wonders when the likes of Miriam Adelson will decide it might be a better use of her money to support candidates who actually support expanded gambling, especially candidates who could oust incumbents who oppose expanded gambling, instead of giving it to lobbyists who continue to fail to advance this interest. The “we’re gonna need to start winning more elections” mantra applies to anyone who continues to face a hostile Legislature session after session. Just a thought – it’s not my money and not my issue, so you do you, Miriam. I’m just saying, I have some experience with the process and the outcome. Make of it what you will.

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We are still being teased with “Feds investigating Paxton” stories

Please let this be true, please let this be true, please let this be true…

A crook any way you look

A federal appeals court last week rejected an unnamed Texas agency’s attempt to withhold records and shield its employees from appearing before a grand jury in a federal investigation that appears to be targeting Attorney General Ken Paxton.

The ruling appears to be the first major sign that federal officials are still investigating Paxton after he was impeached and subsequently acquitted by the Legislature last year over charges of bribery and abuse of office.

In a June 20 opinion, the federal Fifth Circuit Court of Appeals sided with a decision from the lower Western District of Texas, which found that the state agency could not use attorney-client privilege to withhold evidence from a Department of Justice inquiry into “alleged wrongdoing by senior Agency personnel.” The appeals court also cleared the way for two senior agency employees to testify before a grand jury on July 2.

The opinion does not identify the agency. But it refers to a years-long FBI investigation and notes dates and details that line up with a sealed federal case probing allegations from Paxton’s former top deputies. In October 2020, those deputies reported to federal authorities that the attorney general allegedly took bribes to benefit a friend and political donor, Austin real estate developer Nate Paul.

The case at issue in the Fifth Circuit opinion also remains sealed. But the opinion refers to earlier orders that seem to align with those issued in Paxton’s case, including an August 2021 decision that largely refused the agency’s attempt to limit the scope of the investigation.

Last month, the Texas Newsroom published an August 2021 order from U.S. District Court Judge David Ezra, of the Western District, that appears to be the same one referenced in the Fifth Circuit’s latest opinion. For example, the 2021 Western District ruling notes that investigators in Paxton’s case were allowed to take “additional investigative steps” to seek “four categories of information,” including any “actions or communications contemplated or undertaken” by Paxton or his senior staff to “interfere in or obstruct” the federal investigation. The Fifth Circuit’s opinion refers to the same language, including the same “four categories of information.”

See here for the previous update. A lot of signs and portents, and the pieces all fit, but as we’ve discussed before we just won’t know for sure until there’s an arrest or some unsealed indictments. And that’s if that happens, which may or may not ever be the case. There’s also the Presidential election to consider, because we know exactly where all of this will end up if The Former Guy (shudder) wins. In the meantime, keep your fingers crossed and light a candle or two. Texas Public Radio, which goes so far as to suggest this could mean action is imminent (be still my heart), has more.

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Some rules set for the Proposition A committee

The Prop A committee has voted on some rules for handling agenda items put forth by three or more Council members in accordance with last year’s referendum.

The vote comes after months of arguments between council members and Mayor John Whitmire’s administration surrounding how the historic charter change would play out in practice. The newly established rules include multiple council member amendments that ensure feedback in the proposal crafting process, and also insurance that items won’t die in committee.

It isn’t the last stop for the rules – they will be voted on by city council at a later meeting.

Shortly after he took office, Whitmire created the Proposition A Committee designed to aid council members in crafting policy by having a mechanism to vet proposals before they made it on a meeting agenda. But council members have argued the committee has wrapped the process in unnecessary red tape and violates the true intention of the rule change.

Council members will now have the option to submit their proposals directly to the council or send them to the Proposition A Committee. The proposal will then be subject to a legal review.

When the committee last floated rules in April, council members were concerned about the undue influence in the proposal process since both the city attorney’s office and department heads report directly to the mayor. The administration has maintained it will cooperate with council members on proposals.

If a proposal goes to the committee, members can now vote to send it to a council agenda, refer it to the administration that can then involve relevant department heads and legal before sending it to another committee for a vote, or downvote the proposal.

A downvote on a proposal means the item will not be heard by the committee again, but it can be rewritten and heard again, the committee’s chair Mary Nan Huffman said.

See here for the previous update. I was a skeptic of Prop A when it was first proposed – I still think that the three-member threshold for putting an item on the agenda has the potential to encourage shenanigans, though this has not been the experience so far – but now that it has been passed I agree that the spirit of the ordinance cuts against procedural obstacles for it. I appreciate that the committee is keeping it simple here and that the bias is towards allowing items to proceed. (I’m not sure why anyone would submit their item to the committee if they have the option of bypassing it, but perhaps there’s some nuance here that’s not conveyed by the story.) It should not be the case that a proposed ordinance that is deemed to be legal can be bottled up in the committee.

The rules put forth here still need to be approved by Council, and I imagine there will be future tweaks made as we gain experience in dealing with it. For now we’re in a good place. I’ll be very interested to see how often Prop A is used and how often it results in an ordinance that we otherwise would not have had.

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RIP, Kinky Friedman

I usually put obituaries in the Sunday linkdump, but I thought this one merited its own post.

Kinky Friedman

Richard “Kinky” Friedman — the provocative and flamboyant Texas satirist who mounted a spirited campaign for governor in 2006 — has died. He was 79.

Friedman died at his longtime home at Echo Hill Ranch in Medina, his friends Cleve Hattersley said in an interview and Kent Perkins said on social media. He had Parkinson’s disease, Hattersley said.

“He was a communicator. An unusual, but very pointed and poignant communicator,” said Hattersley, his friend of roughly 50 years. “He could bring you to tears on stage. He could make you roll on the floor in laughter.”

Friedman ran for governor as an independent against Republican incumbent Rick Perry in 2006. Despite a colorful campaign and heavy media attention, Friedman finished fourth in the race. He also ran unsuccessfully for the Democratic nomination for agriculture commissioner in 2010 and in 2014.

Friedman was known for his outsized persona, pithy one-liners and signature look: curly hair poking out from beneath a black cowboy hat, cigar in hand.

“Kinky Friedman stepped on a rainbow at his beloved Echo Hill surrounded by family & friends,” a post from Friedman’s account on the social media site X said. “Kinkster endured tremendous pain & unthinkable loss in recent years but he never lost his fighting spirit and quick wit. Kinky will live on as his books are read and his songs are sung.”

Friedman was born in Chicago in 1944 to Russian Jewish parents. The family moved to Texas the year after Friedman was born and eventually settled in Medina. He graduated in 1966 with a bachelor’s degree in psychology from the University of Texas at Austin.

[…]

In politics, Friedman staked out unusual positions at the time for someone seeking statewide office in Texas, like legalization of marijuana and casino gambling. He supported same-sex marriage in 2006, long before the Supreme Court legalized it nationally, quipping, “I support gay marriage because I believe they have right to be just as miserable as the rest of us.”

Friedman also supported crackdowns on undocumented immigration, boosting pay for Texas teachers and ending the death penalty.

“Kinky Friedman was a larger than life Texas icon and will be remembered as one of the most interesting personalities in Texas politics,” Perry said in a statement to The Texas Tribune. “Kinky’s run for governor in 2006 made an otherwise grueling campaign cycle actually fun. May he rest easy after a life lived to the fullest.”

I have complex feelings about Kinky Friedman, who I saw perform at the old Laff Stop on West Gray back in the 90s. It was a great show, a mix of music and standup – he told one of the funniest jokes I’ve ever heard (*) – and like many people I was entertained by the idea of him running for Governor. He was making the rounds for his candidacy more than three years before the election, so it was not a whim on his part. It didn’t take me long to realize that he was cracking the same jokes in every feature story, which where the whole thing started to lose some of the shine for me. I mean, if you’re there for comic relief, you need to keep your material fresh. It might have felt differently if there had been a good dose of policy mixed in with the jokes, but it was mostly jokes, and they were the same jokes over and over again. The novelty wore off quickly, and what was left wasn’t much.

Friedman finished fourth in that race, and I will admit that I’ve always been a little salty about his candidacy based on a simple pair of numbers: 1,716,792, the number of votes Rick Perry got in winning a second full term, with 39% of the vote, and 1,721,964, the number of votes that Democratic candidate for Land Commissioner VaLinda Hathcox got. Yes, thanks to fellow independent Carole Keeton Strayhorn and the votes she no doubt pulled away from Perry, we could have elected Chris Bell if only every Dem that had voted for Hathcox had also voted for him. C’est la vie, as they say.

Friedman ran twice more for statewide office, both times for Ag Commissioner, both times as a Democrat. I interviewed him in 2014 for the primary, and while I’d say he had improved on his ability to talk policy matters, he was still more entertainer than statesman. That’s just who he was, and it’s how he’ll be remembered. I have a couple of his CDs, I’ve read several of his mystery novels – I’d say “Armadillos and Old Lace” was the best of them – and despite my annoyances from 2006 I’m glad to have had the Kinky Friedman experience. He was a colorful character, the kind that came from a Texas that isn’t in existence anymore, and he left his mark. He’ll be missed. Rest in peace, Kinky. Texas Public Radio and the Chron have more.

(*) I won’t repeat the joke here, not because it’s filthy or offensive – it wasn’t really dirty and only mildly offensive, at least compared to some of his other material. No, I won’t repeat it here because it’s one of those jokes you have to hear, and really see, someone tell for it to be as funny as it is. It would still be funny on the page, just not nearly as funny as it should be. As it deserves to be. Ask me in person and maybe I’ll tell it to you.

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Texas blog roundup for the week of June 24

The Texas Progressive Alliance mourns the loss of Willie Mays, the greatest baseball player of all time, as it brings you this week’s roundup.

Continue reading

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The leaked EMTALA draft is not a victory

This hit the internet like a thunderstorm yesterday.

The US Supreme Court is poised to allow abortions in medical emergencies in Idaho, according to a copy of an opinion that was briefly posted on the court’s website.

The decision would reinstate a lower court order that had ensured hospitals in the state could perform emergency abortions to protect the health of the mother. The posted version indicated the majority will dismiss appeals by Idaho and Republican leaders in the state without resolving the core issues in the case.

Bloomberg Law obtained a copy of the opinion that appeared briefly on the court’s website as the justices were issuing two other opinions Wednesday morning. The copy of the opinion isn’t necessarily the final ruling, given that it hasn’t been released.

The Supreme Court’s press office said the opinion in the case had not been officially released. “The Court’s Publications Unit inadvertently and briefly uploaded a document to the Court’s website,” said Patricia McCabe, the court’s public information officer. “The Court’s opinion in Moyle v. United States and Idaho v. United States will be issued in due course.”

The copy indicates the court is voting 6-3 to lift a stay it previously placed on a federal district court order, with conservative Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissenting.

The district court order is designed to stay in place while the litigation goes forward. The Supreme Court decision would mean a San Francisco-based federal appeals court can consider the case.

Idaho is one of a handful of states that now outlaw abortion except when the mother’s life is in danger. Doctors and hospital administrators say the state’s law has kept them from treating women with serious health risks even if they have no chance to deliver a healthy baby. Patients instead have been forced to wait days for treatment or be rushed out of state.

See here for my previous update, and here for a copy of the draft opinion, which as noted could differ from the official version (though that was not the case in any substantial manner with Dobbs in 2022).

What this means is that this opinion only affects Idaho, and that the Idaho lawsuit is still ongoing; no decision was made on the merits. That means, among other things, that EMTALA is still subservient to Texas’ abortion ban thanks to the Fifth Circuit. Mother Jones explains.

When a state law conflicts with a federal law, federal law wins. In that sense, this case was an easy one. But when the justices allowed Idaho’s ban to fully take effect in January, it allowed state law to trump federal law. The result, in Idaho, was that providers had to regularly airlift women to other states for emergency abortion care. “This months-long catastrophe was completely unnecessary,” [justice Kentanji Brown] Jackson wrote. “More to the point, it directly violated federal law, which in our system of government is supreme.”

Even though the released decision would let federal law reign once again in Idaho, Jackson points out that the court’s decision not to decide the case on the merits leaves Americans across the country in the same limbo. “The United States is still hamstrung in its ability to enforce federal law while states pass laws that effectively nullify EMTALA’s requirements,” Jackson’s concurrence continues. As a result, patients suffer as doctors and hospitals delay care.

By refusing to decide the merits of the case, the court’s ruling will create a patchwork of enforcement throughout the country. The Fifth Circuit Court of Appeals held in January that EMTALA cannot force states to allow emergency abortions, so the high court’s failure to act would mean that pregnant people living in that circuit—Texas, Louisiana, and Alabama—lack EMTALA’s protections, even as they are returned, at least for now, to Idahoans. “Given the populations” of Texas compared to Idaho, “that’s not a win,” wrote Greer Donley, an abortion law expert at the University of Pittsburgh School of Law. “The Supreme Court’s punt on the emergency abortion case (assuming it’s real) is not even a short-term victory,” she adds. “It’s a short-term mixed bag where many more women are suck in states without health exceptions (only life exceptions, which are failing).”

What’s more, draconian abortion bans are affecting emergency abortion access in states where abortion bans technically provide health exceptions when the life of the mother is not in danger, but where fear of prosecution has nonetheless pushed hospitals to delay care.

“I worry that this will be reported as a big win for abortion rights,” Mary Ziegler, a law professor at UC Davis and a leading abortion historian, noted on X. “The litigation will continue if this is the final decision. The theme of both [abortion] cases this Term is that SCOTUS is kicking the can down the road—and significantly, until after a major election.”

Indeed that seems to be the case. And what’s even more ominous is that when this issue gets back to SCOTUS, it looks like they will allow state restrictions on abortion to overrule EMTALA. Slate explains:

If the draft opinion is accurate, then the Supreme Court has decided that it should not have intervened in the first place. It reached this conclusion by a 5–4 vote: Justices Elena Kagan and Sonia Sotomayor joined with Justices Amy Coney Barrett and Brett Kavanaugh, as well as Chief Justice John Roberts, to dismiss the case as “improvidently granted,” with a one-line per curiam opinion. These justices also voted to lift the stay on the injunction that had protected Idaho patients, and they were joined by Justice Ketanji Brown Jackson on that front. (Jackson would have decided the case against Idaho rather than dismissing it.) The compromise seems obvious: Kagan and Sotomayor agreed to dismiss the case in exchange for a reinstatement of the stay in Idaho.

Barrett wrote to explain her vote, joined by Roberts and Kavanaugh. Her draft concurrence should throw cold water on anyone tempted to call this move a victory for reproductive rights. The justice makes two key points. First, she claimed that Idaho has expanded access to emergency abortions beyond what it initially represented, while the DOJ has narrowed EMTALA’s scope beyond what it initially claimed. She cited concession by Idaho’s attorney during oral argument that the state would allow abortions in an emergency situation in which death is not inevitable, like preeclampsia and preterm premature rupture of the membranes. In light of this shift, Barrett wrote, it’s unclear how state and federal laws conflict, requiring further lower court proceedings. And she voted to lift the stay not because she agrees with the DOJ’s interpretation of EMTALA but because, “even with the preliminary injunction in place, Idaho’s ability to enforce its law remains almost entirely intact.”

Second, and more ominously, Barrett cited an alarming constitutional theory that Idaho brought at the eleventh hour. Congress enacted EMTALA pursuant to the spending clause, under which the federal government may offer (or withdraw) funds with certain strings attached. Idaho alleges that Congress cannot mandate funding conditions that force recipients to violate states’ criminal laws. If that’s true, then even if EMTALA requires emergency abortions when a patient’s life is at risk, it must yield to state bans that criminalize such care. In her draft concurrence, Barrett called this novel theory “difficult and consequential,” urging the lower courts to address it. Her opinion reads like an invitation for Idaho to develop this concept more fully and present it next term, when she—and Roberts and Kavanaugh—will be less prone to the pressures of an impending presidential election and thus likely more amenable to it.

As with any Barrett opinion, a casual reader may find herself nodding along, persuaded by the clear writing and smooth reasoning. But ponder this draft concurrence for more than a few minutes and it falls apart. Yes, the Department of Justice and Idaho have whittled down the scope of their disagreement—but so what? The conflict is still there, in the text of the respective laws and in their potential applications. The Idaho Supreme Court has already provided its definitive interpretation of the state ban, declaring that it permits abortion only when necessary to prevent death, not to protect a patient’s health more broadly. Yet Barrett credited the unfounded assertions of the midlevel state lawyer, Joshua Turner, who argued the case before them. Turner’s legally meaningless thought bubbles will not protect a doctor accused of violating the ban. As Jackson wrote in her partial dissent: “Some of my colleagues latch onto the bald representations of Idaho’s counsel, using them as an escape hatch that justifies our dispensing with having to issue a merits ruling in these cases.”

If Barrett were even remotely inclined to interpret EMTALA as a protection for abortion patients, she would not have performed this casuistic jujitsu. For the Supreme Court’s purposes, all that matters is the existence of a conflict, which even Barrett had to acknowledge while fudging its contours. That conflict gave the justices an opportunity to decide the foundational question: Does EMTALA override the most extreme applications of state abortion bans? SCOTUS could have said yes, then sent the case back down for the lower courts to apply it on the ground. The district court could have sussed out the precise scope of the clash between state and federal laws and delineated the point at which EMTALA supersedes Idaho’s ban. Barrett’s refusal to take this course of action suggests that she is not prepared—indeed, will never be prepared—to enforce EMTALA against the states.

So this is the smallest of wins, on the narrowest of grounds, with an expiration date attached to it. All for the purposes of pushing the question out past the 2024 election. That’s Donald Trump’s Supreme Court at work. TPM and Law Dork have more.

UPDATE: The opinion was officially released today, and it is as it first appeared.

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Criminal court judge Kelli Johnson arrested for DUI

Not good.

Judge Kelli Johnson

A state district judge behind some of Houston’s most high profile criminal trials was arrested on suspicion of drunken driving after weeks of spotty attendance on the bench and a traffic stop by law enforcement in April.

Houston police arrested Judge Kelli Johnson around 2:45 a.m. Tuesday in the 7600 block of Kempwood Drive on a driving while intoxicated charge — a first time misdemeanor offense for the 52-year-old jurist, according to court records.

Prosecutors with the Harris County District Attorney’s Office accepted the charge and requested bail conditions but later announced plans to hand the case to another jurisdiction. She has since been freed on a general order bond — a form of bail that does not require the defendant to pay or deposit money to be released, records show.

“Our office will have no comment, and we will be recusing ourselves,” said Joe Stinebaker, a spokesman for the DA’s office.

Johnson, a former prosecutor running unopposed for her third term on the 178th District Court, had not appeared in court Monday despite having presided over the bench last week.

She did not preside over the court for most of May and several weeks this month following the April 12 traffic stop, with records showing her coordinator made several requests for visiting judges to oversee the court in her absence. Documents provided by the Eleventh Administration Judicial Region of Texas show the coordinator attributed her absences to illness and personal emergencies.

[…]

The [State Commission on Judicial Conduct] lists driving while intoxicated on its website as “out-of-court behavior” that could be deemed judicial misconduct.

Jacqueline Habersham, the commission’s executive director, declined to comment on Johnson’s arrest, citing state law that deems complaints against any Texas judge — or the investigations that follow — confidential.

Johnson has not addressed the specifics of the traffic stop following repeated requests for comment. It was not known if Johnson had retained a lawyer to represent her on the DWI charge as of Tuesday afternoon.

“I’ve never been in this situation before,” Johnson told the Chronicle briefly on Friday.

It’s possible for a drunk driving arrest to be the result of an isolated lapse of judgment on the driver’s part. That’s not to excuse the behavior, just to note that it is the sort of thing that could happen to someone who may not have been aware at the time that they were putting themselves in that position. When there’s more than one such arrest, especially in quick succession, that strongly suggests there’s an underlying issue that needs to be addressed.

I don’t know Judge Johnson and I don’t know what may be going on in her life. What I do know is that she needs to take responsibility for her actions and do what she needs to do to ensure this doesn’t ever happen again. That may include stepping away from being a judge for a period of time, or even stepping down, if that’s what it takes. Whatever is going on, I hope she’s able to get any help she might need.

As noted in the story, the question of whether she can continue serving as judge until the legal issues are resolved may not be up to her. As with her colleague Judge Aguilar, the State Commission on Judicial Conduct may suspend her from the bench in the interim. We’ll find out at some point what if any action they take. The rest is up to her, and as I said I really hope she takes responsibility and does what she needs to do to address her behavior. She has put herself and others in danger, and that can’t be allowed to continue.

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Metro to fund RYDE services

Okay, fine.

Transit officials are poised to pick up the tab for another six months of funding on-demand rides around Second Ward and Third Ward.

If approved by the Metropolitan Transit Authority board on Thursday, the agency would spend $216,000 to allow the nonprofit Evolve Houston to continue operating shuttles Monday through Friday, within two roughly three-square-mile areas. Evolve contracts with RYDE, which uses electric shuttles to deliver free rides within the zone from 8 a.m. to 4 p.m.

“It could be a one minute ride or a 15 minute ride,” said Michael Andrade, Metro’s interim vice president of specialized services and operations.

Those so-called microtransit trips around a neighborhood have become of increasing interest to Metro. The transit agency board chair, Elizabeth Brock, is a founding board member and is a former chair of Evolve Houston.

Metro officials said linking undeserved neighborhoods to better transit is a core priority of upcoming efforts, as transit officials pivot away from major projects such as the $2.2 billion University Corridor and toward smaller programs to improve bus shelters, increase service on some bus lines and in communities where smaller trips can be of big value to riders.

See here for some background. I really am fine with this, and I agree that it’s a good way to extend Metro services, in the same way that integrating bike share would. (Theoretically, anyway, since Metro seems to have forgotten that exists.) Let’s just be clear that if the goal here is to increase ridership, this has very limited potential. The service only exists for eight hours a day. People who want to use it have to use the RYDE app to schedule a ride ahead of time (I don’t know how far ahead of time is required). RYDE shuttles currently cannot accommodate people in wheelchairs. The service currently only exists in these two parts of town.

All of this means that the impact of RYDE is also quite limited. The story says that it accommodates about 2000 rides per month. (The president of Evolve Houston claims this equals about 2,500 passengers, as a single ride may involve multiple riders.) As a point of comparison, the much-maligned Silver Line BRT provides about 1,000 trips per workday, which means something like 20K-25K per month, or eight to ten times what RYDE does. I’m sure RYDE could do more if it were to be expanded further, but then the Silver Line was projected to have about 8,000 trips per workday under the assumption that the Universities line existed, which would be 150K-200K per month. Metro is certainly working to ensure that never happens.

Again, I do think this is a worthwhile thing for Metro to do. I just don’t think it should be anything like their crowning achievement. I’m not sure how contracting with RYDE would be different than providing subsidized Uber or Lyft accounts for the people who currently use RYDE. My issue here remains Metro’s glaring lack of vision, compounded by its startling dishonesty about its change in direction. RYDE services should be in addition to the things Metro has promised to do, not in place of them.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , , , , , , | 1 Comment

“Five abortions a month”

A stark headline from the Trib.

In the last two years, Texas abortion clinics closed, legal challenges raced through the court system, towns tried to ban out-of-state travel, conservative activists made abortion pills and emergency rooms into battlegrounds, and woman after woman after woman came forward with stories of medical care delayed or denied because of confusion over Texas’ abortion laws.

And five women were able to get an abortion, on average, each month.

Texas, with 30 million residents and 10% of the women of reproductive age in the nation, used to see about 4,400 abortions a month.

Now, five.

State data, which is available only through January 2024, shows some months, no abortions were performed at all; there were never more than 10 in one month.

The drop in abortions in Texas is so large it’s difficult to visualize in numbers: a 99.89% decline, a sheer cliff face on a line graph. But the meaning behind the metrics is perhaps even more difficult to discern.

For abortion-rights advocates, each missing number represents an individual in turmoil — a life derailed by an unintended pregnancy or a heartbreaking pregnancy complication worsened by delayed medical care.

Across the aisle, this number represents a dream achieved and evidence that the laws are working, both in banning elective abortions and ensuring women who need to terminate for medical reasons are able to. If some women have been able to get an abortion — the laws can’t be that restrictive, can they?

Of course, these numbers don’t tell the whole story. They don’t capture the frantic trips out of state, the pills secreted in a bathroom, the forays over the border, all the ways Texans are managing to terminate their pregnancies despite the laws.

But two years after the June 2022 Dobbs ruling overturned Roe v. Wade, those abortions tell us a lot about how Texas’ laws are working — exactly as designed.

Yes, they are. That’s the message, full stop. It will be that way until we vote in a different state government, or we get federal action, which at the least requires winning back the House as well as re-electing President Biden and holding the Senate. This is what’s on the ballot in November.

There’s a lot more to the story above, and it gets into the underground mifepristone delivery network, which is the cause of some uncountable number of abortions, as well as the many people now travelling out of state for an abortion. Both are already targets of the forced birth fanatics and will continue to be so.

We also have previous reporting on the number of rape-induced pregnancies in Texas, and as of this week we have news of a significant rise in infant mortality.

In the wake of Texas’ abortion ban, the state’s infant death rate increased and more died of birth defects, a study published Monday shows.

The analysis out of Johns Hopkins University is the latest research to find higher infant mortality rates in states with abortion restrictions.

The researchers looked at how many infants died before their first birthday after Texas adopted its abortion ban in September 2021. They compared infant deaths in Texas to those in 28 states — some also with restrictions. The researchers calculated that there were 216 more deaths in Texas than expected between March and December the next year.

In Texas, the 2022 mortality rate for infants went up 8% to 5.75 per 1,000 births, compared to a 2% increase in the rest of the U.S., according to the study in the journal JAMA Pediatrics.

Among causes of deaths, birth defects showed a 23% increase, compared to a decrease of about 3% in the rest of the U.S. The Texas law blocks abortions after the detection of cardiac activity, usually five or six weeks into pregnancy, well before tests are done to detect fetal abnormalities.

“I think these findings make clear the potentially devastating consequences that abortion bans can have,” said co-author Suzanne Bell, a fertility researcher.

Unlike those other items, you can expect the Republicans to take no action on this. It’s not their concern. It’s all about November, y’all. Reform Austin has more.

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Reps. Hunt and Jackson face ethics investigations

Sure is a bumper crop of these.

Rep. Ronny Jackson

U.S. Reps. Ronny Jackson, R-Amarillo, and Wesley Hunt, R-Houston, are under investigation for using campaign funds for private club memberships in a potential violation of campaign finance rules, according to reports released Monday by Congressional investigators.

Jackson spent nearly $12,000 since 2020 on membership at the tony Amarillo Club, and Hunt spent over $74,000 between April 2022 and January 2024 at the Post Oak Hotel, including membership fees at its exclusive Oak Room club, according to the reports. Federal campaign finance rules allow campaign funds for specific events at private clubs, but not typically for membership or unlimited access.

The Office of Congressional Ethics approved the reports in March, sending them to the House Ethics Committee for investigation. The OCE is made up of nonpartisan professional staffers who recommend ethics inquiries to the House Ethics Committee. The committee has five Republican and five Democratic members of Congress and can recommend sanctions to be voted on by the whole chamber. U.S. Rep. Veronica Escobar, D-Texas, is the only Texan on the committee.

The House Ethics Committee announced the separate investigations into Jackson and Hunt in May, but details of the allegations were scarce before Monday, when the committee released the OCE reports as part of a procedural requirement to extend their investigations.

U.S. Reps. Ronny Jackson, R-Amarillo, and Wesley Hunt, R-Houston, are under investigation for using campaign funds for private club memberships in a potential violation of campaign finance rules, according to reports released Monday by Congressional investigators.

Jackson spent nearly $12,000 since 2020 on membership at the tony Amarillo Club, and Hunt spent over $74,000 between April 2022 and January 2024 at the Post Oak Hotel, including membership fees at its exclusive Oak Room club, according to the reports. Federal campaign finance rules allow campaign funds for specific events at private clubs, but not typically for membership or unlimited access.

Rep. Wesley Hunt

The Office of Congressional Ethics approved the reports in March, sending them to the House Ethics Committee for investigation. The OCE is made up of nonpartisan professional staffers who recommend ethics inquiries to the House Ethics Committee. The committee has five Republican and five Democratic members of Congress and can recommend sanctions to be voted on by the whole chamber. U.S. Rep. Veronica Escobar, D-Texas, is the only Texan on the committee.

The House Ethics Committee announced the separate investigations into Jackson and Hunt in May, but details of the allegations were scarce before Monday, when the committee released the OCE reports as part of a procedural requirement to extend their investigations.

[…]

Hunt’s expenses include membership fees and other expenses at the Post Oak Hotel, which houses the exclusive Oak Room club. His campaign finance disclosures show a 2022 expense for “membership” of $2,706.25 to the club. Another disclosure a year later had an expense to the club for the exact same amount labeled as “food/beverages.”

Hunt’s lawyers point out a past Federal Election Commission opinion that said that social club dues could be permissible if they were strictly for campaign-related activities and not life-style changes, such as an athletic or country club. Unlike the Amarillo Club, the Oak Room doesn’t have golf facilities and is largely a meeting and dining space. The expenses cited in the OCE report were for Hunt’s campaign watch party, his lawyers said.

“Consistent with the Oak Room’s advertised purpose, the Congressman has used Post Oak Club membership exclusively for meetings in the Oak Room with campaign donors, supporters, consultants, and vendors,” Hunt’s lawyers said in a letter to OCE. “We provided OCE with numerous emails, text messages, and calendar entries demonstrating the Congressman’s use of the Oak Room and the Hotel’s other facilities for such purposes.”

Via the Chron we learn that the Oak Room is owned by Tilman Fertitta, because of course it is. The odds of these guys facing anything but the mildest slap on the wrist are very small, but I’m going to enjoy these stories anyway. I’m sure Troy Nehls appreciates the company.

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Food Not Bombs lawsuit may proceed

Do I hear a settlement offer? Anyone?

A lawsuit filed by Food Not Bombs against the city of Houston will proceed after a federal judge rejected the city’s effort to dismiss the case.

Since March 2023, FNB volunteers have received more than 90 tickets for feeding unhoused Houstonians during the organization’s weekly meal services outside of the Central Library in downtown. In January, the organization filed a federal lawsuit against the city, which spurred a federal judge to temporarily stop the city from enforcing the law until the case is resolved.

Shortly after the lawsuit was filed, the city requested the lawsuit be dismissed, claiming that they had an obligation to “regulate the provision of food and to regulate the use of city streets” and to protect “citizens from the dangers of feeding events that do not meet the City’s health and safety standards.”

Earlier this month, on June 6, U.S. District Judge Andrew Hanen denied the city’s request.

“The court already found that Plaintiffs have demonstrated a likelihood on the success on the merits on two of their constitutional challenges,” Hanen wrote. “The court is unpersuaded by Defendant’s arguments for dismissing.”

See here and here for the background. I continue to believe that it is very much in the city’s interest to pursue a settlement. If this does proceed to a trial, it would happen in late 2025, with discovery to begin in January. That gives plenty of time for a settlement to be worked out beforehand. If we can find an agreement with the firefighters, we can find one with Food Not Bombs.

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SCOTUS to hear gender affirming care appeal

Buckle up, this is a big one.

The Supreme Court has agreed to take up the question of whether gender-affirming care bans for transgender youth are unconstitutional, in response to the Biden administration petitioning on behalf of trans youth and their families.

The high court’s ruling on this issue has the potential to curtail — or bolster — access to gender-affirming care across the country, as 25 states now ban such medical care for trans youth. The specific question before the Supreme Court is whether a gender-affirming care ban in Tennessee violates the 14th Amendment’s equal protection and due process clauses.

The court will hear arguments in the case next fall. The Supreme Court’s ultimate decision could also impact how transgender people are protected under the Constitution more broadly, since the legal case out of Tennessee deals with whether gender-affirming care bans discriminate on the basis of sex — and whether transgender people are a class of individuals who have been historically subject to discrimination and are thereby entitled to more protection.

The fact that the justices decided to take up this question at all is significant. The Supreme Court has declined to intervene on many issues related to transgender rights, including cases on bathroom access, school sports, whether trans people are protected under disability law, and whether trans students should receive confidential support in school. This inaction has repeatedly granted wins to LGBTQ+ advocates.

Even when the Supreme Court allowed Idaho to enforce its ban on gender-affirming care for trans youth in April, it did not address the constitutionality of such bans or debate political interventions in medical care. Now, for the first time, the high court will take up the issue, which is what LGBTQ+ rights attorneys were hoping for.

See here for a bit of background. Slate adds on.

There is cause for some very cautious optimism. In 2020’s Bostock v. Clayton County, the Supreme Court ruled that “it is impossible to discriminate against a person” for being transgender “without discriminating against that individual based on sex.” Notably, though, the court was interpreting a statute, Title VII of the Civil Rights Act, rather than a constitutional provision. Justice Neil Gorsuch authored Bostock, and Chief Justice John Roberts joined him along with the court’s liberals. Roberts and Gorsuch, of course, remain on the court, and there are still three liberal justices. So it is conceivable that a five-justice majority could apply Bostock’s reasoning to the equal protection context.

Indeed, on a more balanced court, it would seem to be a no-brainer that the logic of Bostock extends to the 14th Amendment. Anti-trans legislation punishes an individual for failing to adhere to the sex they were assigned at birth and curtails their rights accordingly. When states single out transgender people because they are trans, they are necessarily classifying them on the basis of sex. Tennessee’s health care ban illustrates this fact: Doctors may prescribe testosterone to a cisgender boy, but not a transgender boy who was assigned female at birth—their sex at birth determines whether they may obtain the medication. The same is true of restrictions on adult health care: West Virginia’s Medicaid program, for example, covers breast-reduction surgery for cisgender men (who have excess tissue), but not transgender men assigned female at birth (who have gender dysphoria). As the 4th Circuit held, this distinction creates an unconstitutional regime based on sex.

Yet other courts have reached the opposite conclusion, often fueled by the Supreme Court’s reversal of Roe v. Wade in 2022’s Dobbs decision. In Dobbs, the court warned against the acknowledgment of any constitutional right that is not “deeply rooted” in the nation’s “history and tradition.” It also arguably cut back the equal protection clause’s protections against sex discrimination, narrowing the definition of gender-based discrimination. Conservative judges have seized upon these passages to Dobbs-ify the law of equality, refusing to protect transgender rights because they did not exist in the 18th and 19th centuries. And this Supreme Court is disinclined toward respecting, let alone expanding, LGBTQ+ rights. Moreover, Justices Brett Kavanaugh and Amy Coney Barrett have already signaled their skepticism that health care bans for trans minors are unconstitutional.

While this case originated in Tennessee, it obviously would have an effect on Texas as well. Note that gender affirming care for adults as well as minors is being litigated here. There was a time when I would have thought that the constitutionality of an adult seeking medically sound healthcare services would have been obvious, but that time was before the Dobbs decision. What is obvious now is that there will be no end of attacks on transgender people if SCOTUS allows these laws to stand. So, you know. Just another day at the court.

UPDATE: And as soon as I hit save on this draft, I saw this.

The U.S. Supreme Court has agreed to hear arguments over a Tennessee law that bans gender-affirming care for minors, wading into the issue of trans health care for the first time.

Tennessee’s law prohibits doctors from prescribing medical treatments, like hormone therapies and puberty blockers, to help a minor transition from the sex they were assigned at birth to the gender they identify as. The Biden administration, along with trans teens in Tennessee, challenged the law, alleging it violates the equal protection clause of the 14th amendment.

Texas passed a similar law last legislative session, prohibiting doctors from using puberty blockers and hormone therapy to help a minor gender transition. The law went into effect Sept. 1, despite an ongoing legal challenge before the Supreme Court of Texas.

Texas’ high court is expected to rule this year, long before the Tennessee case gets resolved next summer. But by setting a national precedent and signaling how it intends to handle these cases, the U.S. Supreme Court’s ruling will inevitably have ripple effects in Texas and foreshadow how future fights over trans health care access may play out.

See here for more on that case. As I said at the time, I don’t know what to expect from it, but it’s hard to be optimistic. We’ll see if this ruling ultimately matters.

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One more time for keeping the Universities line going

Raj Mankad is a Chron editorial board member and a neighbor of mine, who once took public transit from Houston to Galveston to prove it could be done. He has now taken to the op-ed pages in favor of not shelving the Universities line.

What was promised…

Problem is, the most compelling reason to make big investments in transit is to connect people to jobs. That means going where the action is. But that action is in bustling, perhaps already congested areas that might not welcome the disruption of a massive rail project. Even if construction is temporary and the outcome will be beneficial, the messiness in between is a hard sell. Protests are inevitable.

Without the University Line, Metro built a network with arms and legs but no spine. Finally, in 2019, it looked like the agency was closing in on delivering a complete system. The Silver Line in Uptown, which was funded in large part by the Uptown Tax Increment Reinvestment Zone, was under construction. And in November, a two-thirds majority of voters once again approved a $3.5 billion Metro bond that included the University Line.

So what justification does the Metro board, which has several new members appointed by Mayor John Whitmire, have for shelving plans backed directly and overwhelmingly by voters?

The soaring costs, they say, would risk the agency not being able to cover its operating budget. Plus, the ridership for the Silver Line bus rapid transit is nowhere close to what was projected. If treated as a proof of concept for the University Line, it looks like a colossal failure. The Uptown TIRZ, one of the many entities that divert property taxes from the city’s general fund, poured millions into lining the dedicated bus lanes with fresh sidewalks, street lamps and oak trees. It’s gorgeous, but Houston’s first foray into what’s normally a low-cost transit solution is an easy punching bag for transit skeptics. Look at this $200 million boondoggle that no one rides!

Well, I ride it. The Silver Line happens to end near the Houston Chronicle office. And the fact is, if it were connected better to a network, as originally planned, more people would use it. The experience is so smooth I can easily read the paper or doze off, which is next to impossible on the skull-rattling No. 25 bus down Richmond Avenue.

For Houstonians who have been here longer than I have, the decision by Whitmire and Metro is likely reminiscent of former Mayor Bob Lanier’s abandonment of rail plans in the 1990s in favor of putting more funds into street repairs and public safety. Those rail plans were also backed by voters.

See here and here for some previous blogging on this. I have mentioned the Bob Lanier kibosh of an even earlier rail plan, but I hadn’t really thought of it as another Universities line. However you look at it, we could have had a functioning east-west spine to the transit network a long time ago if it hadn’t been for the persistent and shockingly successful efforts by transit foes to keep killing every project the voters approved. Mankad also calls for at least moving forward with the Wheeler-to-Westchase portion of this line. We’ll see later this week if Metro has been listening.

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Is the Houston Zoo too expensive?

I don’t know how high a priority this should be, but I’ll engage the question.

Houston Mayor John Whitmire is upset about what he thinks are exorbitant costs to visit the city’s historic zoo, and he is vowing to do all he can to drive down costs for consumers.

He’s challenging zoo officials to cut costs at the attraction, while renewing questions about salaries for top administrators at the zoo.

“I don’t need spin or excuses from the zoo,” Whitmire said of the attraction, where tickets for a family of four can easily exceed $100. “It has become too expensive.”

Zoo officials, for their part, said the attraction is affordable and that few visitors pay the full admission price. A spokesperson also noted that the mayor received 500 free tickets to give residents this past January and that none of them have been redeemed. The zoo gives 17,000 single-day tickets to the mayor and Houston City Council members to hand out as they wish.

“We’re a cherished destination for Houston’s diverse communities who visit our zoo to see our incredible animals and award-winning ecosystem habitat,” said Jackie Wallace, spokesperson for the Houston Zoo.

As the mayor ramped up his criticism, Wallace announced that the zoo would be doubling its free day ticket allotment from 10,000 to 20,000 tickets for its July 2, Aug. 6 and Sept. 10 free days. Tickets are available 7 p.m. June 26.

The mayor, who took office in January, said he’s been concerned about zoo costs for years, back when he served in the Texas Senate.

Whitmire said he did not know he had access to the tickets the zoo said were distributed. He later clarified his statement, saying they were given to his community outreach office and handed out to agencies like the YMCA and churches.

Mary Benton, the mayor’s spokesperson, said the office has given away 150 tickets.

Regardless of having free tickets, Whitmire doubled down on his affordability concerns.

“The zoo’s questionable hand out to city officials does not address the fundamental question,” Whitmire said.

[…]

If a family of four booked full-priced general admission tickets this past Thursday for a Saturday trip, they would have paid $63 to $139 to get in the zoo. Unlike some other zoos, the Houston attraction allows outside food and drinks as long as it isn’t alcohol or in a glass container.

That same family of four would have paid between $28 to $108 for a weekend day at the Dallas Zoo and between $38 to $76 at the Austin Zoo.

Wallace challenged Whitmire’s assertion that the zoo is too expensive. She said only 34% of the zoo’s 2.1 million patrons in 2023 paid full price for admission.

The zoo uses dynamic pricing, so a family of four visiting the Houston Zoo would see different ticket prices depending on the day and the time they wanted to enter the park. That price fluctuates based on the children’s ages.

Wallace said tickets are cheaper the further out you book, especially if you’re booking on a less popular zoo entry day.

While some customers pay full price, there are also many free or cheap ways to visit. Zoo members don’t pay full price, Wallace said, and college students, those coming in on school field trips, and those coming on any one of the zoo’s free days enter the park at no cost. Wallace said those with Lone Star Cards can get $9 children and adult tickets.

Despite the number of zoo patrons not paying full price, Whitmire said the zoo needs to be more affordable.

“It’s a public asset and they have out priced many Houstonians,” he said.

My kids are older now, so it’s been a minute since we were regular Zoo goers. I will say that being able to bring your own food and drink will definitely mitigate the cost of a visit; for what it’s worth, the price comparisons one sees for taking a family of four to an MLB game always includes the cost of concessions, so this is a valid dimension to consider. If one is price conscious, the fact that there are cheaper days and ways to attend will matter – one can avoid paying full price if one wants. Zoo membership is a bigger cost up front, but if you’ve got kids who love the Zoo and want to go often, it’s a big winner. (And pro tip, having a Zoo membership in one city will usually get you in at a discounted price at a zoo in another city. This can be a big help when visiting family elsewhere.)

Is this a sufficient counterargument? I think it’s pretty reasonable, but if your metric is wanting to take a spontaneous trip to the Zoo without planning ahead or being a member, it won’t be of much consolation. I don’t know where this particular interest is coming from – as with a few other items that have been on the Mayor’s to do list, I don’t recall this being an issue during the campaign – but on the surface at least there’s something to it. I do hope this isn’t an opening gambit to threaten the subsidy the city provides the Zoo, which isn’t all that much and which would (according to the Zoo) shut down a lot of the Zoo’s ability to provide lower-cost access. We’ll see if this is a recurring issue or just a one time story.

On a side note, because I thought it was cool, the Zoo recently announced that one of its Asian elephants had “been given the first-ever dose of an mRNA vaccine created by virologists at Baylor College of Medicine (BCM) to prevent the deadly elephant endotheliotropic herpesvirus (EEHV) 1A—a devastating viral disease in Asian elephants worldwide.” I’m sure nobody anywhere will have any weird thoughts about that.

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LINK Houston advocates for the Universities line

From Sunday’s op-ed section, three leaders of LINK Houston advocate for the Universities BRT line as promised in the 2019 Metro referendum. This is the part that is most of interest to me:

What was promised…

There’s a lot on the line. If METRO chooses to not advance the University Corridor BRT project to the next phase in the federal grant process by June 27, it will lose nearly $1 billion in funding — 60% of project costs.

Notably, METRO has completed 30% of the geotechnical design based on current conditions, and secured federal environmental clearance for the project which will expire in November 2026. If METRO misses the June deadline to move to the next phase, much of this work will need to be updated or redone. While this would not preclude METRO from applying in the future, the project’s current favorable standing with the federal government would be undeniably less certain.

So why the shift?

The committee suggested that the pandemic and struggling ridership numbers contributed to the financial crunch. But that’s hardly the whole story.

The University Corridor project was initiated in earnest in 2021, after the effects of the pandemic were already known. Just last November, the METRO board affirmed that the agency was committed to the project and in the financial shape to pull it off. METRO’s finances are among the healthiest of all transit agencies nationwide, with robust sales tax revenue and an AAA credit rating. Not to mention that voters gave METRO $3.5 billion in bonding capacity to build the METRONext plan.

Meanwhile, increasing ridership has become the north star of the current board. Despite the narrative we hear from METRO’s own leadership, ridership is on the upswing. Data analysis from our 2024 Equity in Transit Report shows that METRO has experienced the second highest recovery among the top 20 metro areas. Ridership on the local bus network has now surpassed pre-COVID levels. Improving service where people are already riding is precisely the best opportunity for growth.

Not to mention that our current climate crisis demands we invest in solutions. The Houston Climate Action Plan shows that the highest percentage of greenhouse gas emissions comes from the transportation sector. In a region already experiencing the impacts of climate change, and with goals of reducing greenhouse gas emissions, it is imperative that METRO leadership invests in the future by building out a key component of the bus rapid transit system — the University Corridor.

And yet instead of scaling back the University Line, METRO is poised to abandon it entirely.

Their proposal is to scale the line back to a Wheeler-to-Westchase route, which is basically just the east-west portion of the U-line. That makes a lot of sense – it’s mostly the original vision for the Universities line, back when we were promised it would be light rail, extended further on the west end and clipped on the east end. My suggestion was UH/TSU to Wheeler, which is a lot shorter but which does include two of the actual universities that were supposed to be served by the line. Theirs would probably have more ridership and would therefore be more likely to be competitive for federal grants. However you slice it, doing something is way better and far less insulting than doing nothing. It’s also good to be reminded again that this is a choice being made by the new Board. They could – and very mush should – choose to do otherwise.

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Even the Fifth Circuit occasionally finds a limit

Remarkable.

While it upheld the crux of a right-wing district judge’s ruling on a major Affordable Care Act case Friday, a panel of judges on the 5th Circuit Court of Appeals accused that district judge of abusing his discretion by letting insurers nationwide stop offering free preventative care.

The plaintiffs — which include some well-known ACA foes — argued that the U.S. Preventive Services Task Force, or PSTF, is unconstitutional, as its members were not appointed properly. PSTF is a group of experts that makes recommendations for what qualifies as a preventive measure covered by the ACA.

Judge Reed O’Connor — a Texas district judge who’s becoming increasingly notorious for his willingness to hand down hard-right decisions (and who found the entire ACA to be unconstitutional in 2018, only to be reversed by the Supreme Court 7-2) — unsurprisingly found for the plaintiffs. But he then compounded the injury. Rather than restrict relief to the plaintiffs seeking it, he cancelled out all actions the federal government has taken to implement that part of the law since 2010 and prevented government officials from enforcing the challenged coverage requirements nationwide.

That sparked full-throated objection by the government and a flood of amici, who stressed the critical importance of keeping available services such as cancer screenings and pregnancy care. That outcry, coupled with the growing criticism of this sort of knee-jerk, nationwide relief (a favorite tactic of right-wing judges) from the Supreme Court, led the 5th Circuit panel Friday to severely narrow relief to the plaintiffs before the court.

“Because we do not find any support for the district court’s decision to vacate all agency actions taken to enforce the Task Force’s recommendations, we also cannot find any support for the district court’s universal (or nationwide) injunction,” the panel wrote. “The parties recognize that such injunctions are not ‘required or even the norm,’ and several justices on the Supreme Court have viewed them with conspicuous skepticism. Scholars and judges from our sister circuits have done the same.”

The judges also took a shot at O’Connor for his willingness to so readily turn a narrow case into one that, by the government’s lights, affects the 150 million Americans who receive free preventive care.

“We must therefore conclude that it was an abuse of discretion to enter universal injunctive relief after already providing complete relief to the plaintiffs,” the panel wrote.

The panel, consisting of two Trump appointees and one Biden one, did agree with O’Connor that the Preventive Services Task Force members are improperly serving, and must be appointed by the President and confirmed by the Senate.

I don’t know this case and have no comment on its merits; for what it’s worth, the issue at hand seems fixable to me, now that it’s not been blown up into a ridiculous ex post facto national injunction. This is just an excuse by me to note that should we Democrats be fortunate enough to be in a position to enact some court reforms next year, there’s a bunch of things that ought to be priorities. Including, but not limited to, a real code of ethics for SCOTUS, much tighter controls on judge-shopping and national injunctions, putting aside long-outdated niceties to install a bunch more district court judges and Fifth Circuit justices, and ensuring that there are real enforcement mechanisms, with real penalties for non-compliance. I know such things will be weaponized the next time Republicans have the opportunity, but you can’t cower in fear of future scenarios when the house is on fire right now. We can’t depend on the Fifth Circuit – the Fifth Circuit, for crying out loud – to feel the need to restrain its even crazier and more corrupt brethren.

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NCAA has a March Madness expansion plan

I feel confident something like this is going to happen.

College basketball moved one step closer this week to an expanded NCAA men’s basketball tournament.

NCAA officials on Wednesday presented to Division I conference commissioners at least two models of an expanded field, one with an additional four teams and another with an additional eight teams, commissioners told Yahoo Sports. Officials declined to speak publicly about the models.

The models would expand the 68-team field to 72 or 76 teams, with additional at-large selections as well as at least one additional First Four site. Any expansion would begin, at earliest, in the 2025-26 season. If the men’s event expands, the women’s tournament is likely to undergo a similar expansion.

Dan Gavitt, NCAA vice president for the men’s basketball championship, unveiled the models in a presentation Wednesday at the commissioners’ annual summer meeting. In the culmination of months of work, Gavitt outlined possibilities for what commissioners believe to be an inevitable expansion of the men’s event — a movement mostly championed by the power conferences, something Yahoo Sports reported in February.

As a way to avoid eliminating any of the 28 small-conference automatic qualifiers — a time-honored and popular concept with fans — NCAA and conference leaders are targeting the addition of at-large selections as has been done in the past. The last expansion, in 2011, added four at-large teams and created the First Four in Dayton, Ohio, where two pairings of 16 seeds and two pairings of at-large selections meet in play-in games.

Any new expansion to the field is expected to result in at least one additional First Four site, perhaps in a Western time zone. But expanding the tournament — by even just four teams — is a complex issue.

Officials are planning to retain the current 64-team bracket. With play-in game winners needing a spot in that structure, space has to be made. More 10-12 seeds, originally in the 64-team bracket, could find themselves having to win play-in games on that Tuesday or Wednesday to advance to the first round on Thursday or Friday.

More tough decisions lie ahead as well. Officials need to determine if more small-conference automatic qualifiers will be relegated to play-in games — a sensitive subject for some commissioners of lower-resourced leagues.

Some version of this came up last year. I’m fine with the idea of a larger tournament – there’s something like 350 teams, there’s plenty of room for more of them in the premier event – but I’m far less excited about doing it for the purpose of allowing a bunch of 17- or 18-win big conference teams in. That’s boring, in addition to making the rich that much richer. Let more schools from the smaller conferences in. Plenty of schools from outside the Power Five Four could hold their own, and we the viewing public love it when they do. The big boys will still dominate the Sweet Sixteen and the Final Four. We know how the world works, though, so don’t get your hopes up too high. And be ready to fill out a larger bracket in a year or two.

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Weekend link dump for June 23

“Whether he picks a firebrand like Senator J.D. Vance of Ohio or a milquetoast politician like North Dakota Governor Doug Burgum, Trump will still govern like Trump. Nevertheless, the septuagenarian’s pick could be far more meaningful than the average VP selection, even if Trump loses. Whoever he picks could shape the post-Trump Republican Party.”

“Are you interested in a deep-in-the-weeds explanation of how crime is reported and summarized in the US? Sure, why not.”

“Sarah McBride is now almost certain to become America’s first trans member of Congress”.

“Most of all, the documents show how Rush, blinkered by his own ambition to be the Elon Musk of the deep seas, repeatedly overstated OceanGate’s progress and, on at least one occasion, outright lied about significant problems with Titan’s hull, which has not been previously reported.”

“I recently did something I didn’t think I’d ever do: I sat down with two Christian hate-preachers to talk about our mutual disgust and why they say such horrible things. Why? Because I’m a masochist, that’s why.”

“As the tech giants rush to build more data centers, behind the scenes there is panic around how to power them. Microsoft, Meta and Google all plan to be net zero before 2030, while logistics-heavy Amazon has targeted 2040. In pursuit of that aim, the past decade has seen those companies hoover up renewable energy contracts with wind or solar companies. But all these projects rely on electricity grids, which are buckling under increased demand for clean energy. That’s forcing the tech giants to think about their energy-intensive futures and consider how they might operate their own off-grid power empires, outside the system.”

“Growing up in Oklahoma, Rupaul’s Drag Race season 6 contestant Kelly Mantle says she often felt the small town of New Cordell couldn’t support her big dreams and ambitions as a queer artist. But she found what she needed within her own family, including from her baseball legend uncle Mickey Mantle.”

“How have members of the Republican establishment in Arizona responded? If you guessed that they’re reconsidering extremist anti-abortion positions and moderating support for bans, LOL. No, as in other states across the nation, the backlash that the Arizona GOP is facing from voters for its wildly unpopular abortion positions caused the party to respond by trying to take away voters’ power to hold it accountable for those positions.”

“Last fall, out of public view, the North Carolina Supreme Court squashed disciplinary action against two Republican judges who had admitted that they had violated the state’s judicial code of conduct, according to three sources with direct knowledge of the decisions.”

RIP, Tony Mordente, dancer, choreographer, actor, director, producer, former husband of Chita Rivera, who was an original cast member of the Broadway and West End productions of West Side Story.

“That million-viewer tally also means Tubi had a higher average May viewership than Disney+, Peacock, Max, and Paramount+”.

“Just 50,000 years ago giants roamed the Australian continent—including a wombat relative the size of a rhinoceros, a monitor lizard as long as a crocodile, a heavy-set kangaroo and a “marsupial lion.” And now researchers have uncovered and reconstructed the skull of a 6.5-foot-tall, 500-pound flightless bird that they’ve nicknamed the “giga-goose,” resolving more than a century of speculation about this species’ ancestry.”

“Religious groups are protecting Pride events — upending the LGBTQ+ vs. faith narrative”.

“McDonald’s just fired its drive-thru AI and is turning to humans instead”. They’re still all in on “voice ordering solutions” long term for their drive-thrus, just not quite yet.

Like Therese, I too had no idea that the iconic ceramic Dalmatian on Wheel of Fortune had a name. All I can say is that we needed this biography a lot sooner.

“Although some evidence indicates that the case spread disinformation about the safety of abortion pills, the suit had unintended consequences. The demonization efforts have wound up being one giant publicity campaign for a medication that, for so many years, most women didn’t even know was an option.”

Predators And Pulpits“. Please, tell me again why drag shows are morally degenerate.

RIP, Willie Mays, one of the greatest ever to play Major League Baseball. That he passed just before the MLB game to be played at historic Rickwood Field, home of the Birmingham Black Barons where he made his debut as a 17-year-old in 1948, is especially poignant.

RIP, Anouk Aimée, French actor best known for European New Wave movies including La Dolce Vita, A Man and a Woman, and Lola.

RIP, Donald Sutherland, versatile actor known for many things, from M*A*S*H to Animal House to Ordinary People to The Hunger Games to Invasion of the Body Snatchers.

“George Washington never did cut down the cherry tree, despite the famous story to the contrary, but he did pack away quite a few bottles of the fruit at his Mount Vernon home. Dozens of bottles of cherries and berries — impossibly preserved in storage pits uncovered from the cellar of his mansion on the banks of the Potomac River — were discovered during an archaeological dig connected to a restoration project.”

Remembering George Mikan, the NBA’s first premier big man, whose effect on the game was profound.

“Our dream of having a child together was taken away by a gunman. The dreams of Americans to have a child together could be taken away by politicians.”

“This is Rudy Giuliani’s $153 million bankruptcy case, and nearly everyone except him appears to be at a breaking point over it. Creditors are asking the judge to appoint a trustee who would commandeer Giulaini’s assets; meanwhile, reports said, the U.S. Trustee indicated that it may soon move to dismiss the case, stripping Giuliani of the legal protection offered by Chapter 11 bankruptcy.”

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Ellis requests full Metro board vote on halting Universities BRT

Let’s at least put it on the record.

What was promised…

Concerned the University Corridor rapid transit line project could be delayed for years, Harris County Commissioner Rodney Ellis on Friday called on Metro to move forward with the voter-approved project and hold a formal vote to make clear which board members support shelving it.

The request comes a few days after Metropolitan Transit Authority announced it planned to not seek a federal grant this year for the 25-mile bus rapid transit project, designed to be the east-west backbone of Metro’s long-term plans.

“Voters overwhelmingly approved this project and the board itself endorsed the concept last November,” Ellis said in a statement. “Countless working families would benefit from the BRT project, yet the board is poised to try to kill the initiative in the dark of night.”

In a statement, Metro chairwoman Elizabeth Brock said a vote or further discussion amongst officials is unlikely.

“The University Corridor Project will not be placed on the agenda at this time based on staff’s financial review,” she said.

The topic, however, is likely to come up during public comment, as supporters and critics of Metro often use the forum to provide thoughts to board members.

Ellis, in letters to the Metro board, urged officials to proceed with the $2.2 billion project, and have a roll call vote at Thursday’s scheduled board meeting so there is an official record of the support and opposition to moving ahead.

“Turning down nearly a billion dollars of federal money for a much-needed and voter-approved project would be shortsighted and irresponsible,” Ellis said. “Even at the 11th hour, the board still has the chance to invest in our communities’ economic development and vote to seek federal funding.”

Proceeding with the project faces a June 27 deadline for Metro to notify the Federal Transit Administration it is moving ahead and entering a refined design and engineering stage for the project. That notification allows Metro to seek federal money for further planning and ultimately construction of the line.

See here for the previous update. I agree with Commissioner Ellis that if the Metro Board is going to take this craven action, the least they can do is to do it affirmatively, with everyone on the Board giving their approval (or not) and saying why they chose to take this path in defiance of the will of the voters. They can also explain why they didn’t even make a token effort to see if perhaps breaking the project into smaller pieces or seeking assistance from the state (as we are apparently going to do with the firefighter settlement) or the county or hell, “philanthropic donations and grants” a la Mike Miles, could help bridge the gap. The sheer lack of vision here appalls me almost as much as the gaslighting, which I’ll get to in a minute.

One point I want to make before I get to the gaslighting is that while this current action is being driven by the Mayor’s appointees on Metro, Metro is more than just the city of Houston and that 2019 vote included the non-Houston parts of Metro. And when I did my usual precinct analysis of the 2019 election, I found that the 2019 Metro referendum passed with 64% of the vote in non-Houston Harris County. I just wanted to put that out there.

Now let’s talk about what Metro, through Chair Elizabeth Brock, is saying now versus what it said when that referendum was presented to the public for its approval. As a reminder, here’s what Brock has been saying:

When it comes to expansion of public transit, Whitmire and new Metro Board Chair Elizabeth Gonzalez Brock are placing their hopes in microtransit, such as expanded shuttle service and rideshare.

“Uber has set the standard for what transportation should look like in the future,” Brock said recently.

[…]

Brock points to Whitmire’s election last November, where he took just under 65 percent of the vote, as an endorsement of the mayor’s transportation plans. The mayor nominates – and City Council approves – five members of Metro’s nine-member board.

“The public authorized (the bond), they didn’t mandate it,” Brock said. “The public expects us to be very nimble and expects us to be responsible with taxpayer dollars.”

Brock is reluctant to issue the voter-approved bonds for projects that Metro leaders see as questionable investments. If the agency does issue the bonds, she said the money would be used for public safety, infrastructure, and microtransit.

Both Whitmire and Brock said the bond election occurred before changes in technology and work habits changed Houston’s public transit needs, but microtransit programs and technology are not a new development in transit technology.

“Microtransit-type operations have been around for 10, 15 years,” Eccles said. The option was considered during planning for METRONext, he said, resulting in the agency’s current curb-to-curb shuttle service.

Emphasis mine. All that was quoted from this Houston Landing story; “Eccles” is Peter Eccles, director of policy and planning for the transit advocacy nonprofit LINK Houston. Brock is saying that the public authorized Metro to borrow money for some various projects but didn’t specify anything in particular, basically leaving it up to the Board’s discretion and judgment as to what would be best. And those things include microtransit, public safety, and “infrastructure”, whatever that means in this context.

Now let’s turn to what the Board actually said that bond referendum was about back in 2019, when they put it on the ballot and asked us to vote for it. All this will come from this Chron article, dated August 13, 2019, written after the Metro Board voted to put the referendum on the ballot. Yes, they voted on that, they didn’t just shrug their shoulders and decide that it was good enough without a vote. What were they asking the public to authorize them to do?

Metropolitan Transit Authority board members voted Tuesday to ask voters in November for permission to borrow up to $3.5 billion, without raising taxes. The money would cover the first phase of what local leaders expect to be the start of shifting Houston from a car-focused city to a multimodal metro region — even if it does not put everyone on a bus or train.

“Even if you ride in your car, it is more convenient if there are less cars on the road,” Metro chairwoman Carrin Patman said.

The item will be on the Nov. 5 ballot, the first vote for new transit projects in 16 years for the Houston region.

The bond proposition would authorize Metro to move forward on a $7.5 billion suite of projects including extending the region’s three light rail lines, expanding the use of bus rapid transit — large buses operating mostly in dedicated lanes — along key corridors such as Interstate 10 and to Bush Intercontinental Airport, and creating two-way high-occupancy vehicle or high-occupancy toll lanes along most Houston’s freeways.

“It doesn’t do everything we would like to do, but it does everything we can afford to do,” Metro board member Jim Robinson said.

In addition, the ballot item calls for extending the general mobility program, which hands over one-quarter of the money Metro collects from its 1 percent sales tax to local governments that participate in the transit agency. The 15 cities and Harris County use the money mostly for street improvements, but they can use it for other projects such as sidewalks, bike lanes and, in limited cases, landscaping and traffic safety and enforcement.

I’ll interrupt here for a minute to say that if the construction projects can be cancelled willy-nilly, then surely it’s in the Board’s discretion to alter or terminate the general mobility program. I’ll bet getting that piece of the sales tax revenue back would improve the financial picture for those transit expansion projects.

Local elected officials and business leaders will soon stump for the plan, which has not drawn sizable or organized opposition but is likely to require some persuasion.

“There will be plenty for people to scrutinize and criticize with this plan or any infrastructure plan for that matter — everyone wants to know what’s in it for them,” said Andrea French, executive director of Transportation Advocacy Group – Houston chapter, made up largely of engineering and construction companies and transportation planners. “The reality is that we in the industry need to better illustrate that a region that invests in public transportation is a region that thrives and therefore lifts us all up for a better quality of life and more competitive economy.”

[…]

Transit officials would also need to secure an estimated $3.5 billion in federal money, most likely via the Federal Transit Administration, which doles out money for major transit projects. Federal officials contributed $900 million of the $2.2 billion cost of the 2011-2017 expansion of light rail service.

The federal approval will largely dictate when many of the rail and bus rapid transit lines are built as well as where the projects run, Patman said. Though officials have preferred routes for certain projects — such as light rail to Hobby Airport or bus rapid transit along Gessner — those projects and others could change as the plans are studied further.

“Routes will only be determined after discussions with the community,” Patman said. “I don’t think anyone needs to worry about a route being forced upon them.”

Metro would have some latitude to prod some projects along faster than others, based on other regional road and highway projects. Speedier bus service between the Northwest Transit Center at I-10 and Loop 610, for example, could happen sooner if a planned widening of Interstate 10 within Loop 610 remains a priority for the Houston-Galveston Area Council, which has added the project to its five-year plan. Work on widening the freeway is scheduled for 2021, giving Metro officials a chance to make it one of the first major projects.

Many other projects employing various transit modes would follow across the Houston area:

Extending the Red Line light rail nearly six miles north to the North Shepherd Park and Ride, at an estimated cost of $634 million.

Extending the Green and Purple Lines to a common point and continuing both light rail lines along shared tracks to Hobby Airport, at an estimated cost of $1 billion.

BRT service from downtown to Bush Airport, partly relying on a controversial widening of Interstate 45, estimated to cost $242 million.

BRT service along a 25-mile route from Tidwell and Interstate 69 to the University of Houston area, through Midtown and with service to Greenway Plaza and westward to Westchase near the Sam Houston Tollway, at an estimated cost of $1.56 billion

Two-way HOV or HOT lanes along most major freeways so buses can move in limited traffic between suburban areas and downtown and other major job centers, at an estimated cost of $1.37 billion.

Various improvements along more than 260 miles of streets and 16 new or upgraded park and ride lots or transit centers, aimed at improving the speed of service or reliability of routes, at an estimated cost of $513 million.

Metro board members noted the planned project represents the various needs across the 1,285-square-mile service area —a terrain that includes dense urban areas such as the central business district, enclaves within Loop 610 such as Bellaire, suburban office campuses and neighborhoods as far away as Katy and Cypress.

“It meets the needs of what I think people in various areas want,” Robinson said. “In particular it meets the needs of people in northwest and west Harris County.”

There’s more, but you get the idea. Note that the article uses affirmative phrasing such as “when many of the rail and bus rapid transit lines are built” (not “if”), and “Many other projects employing various transit modes would follow” (not “could” follow). No mention of “microtransit” or “public safety”, which we all know means “hiring more cops”, which last I checked was thought to be a bad thing to do with one-time sources of revenue. The last item, about “various improvements along more than 260 miles of streets” could be considered “infrastructure”, though as I recall (I’ll have to do more digging) those “street improvements” very much included things like curbs and sidewalks, all for the purpose of making it easier for people to get to and from bus stops.

I do not see how anyone could read this article in good faith and conclude that the 2019 Metro referendum was about anything other than this massive investment in transit, with the expressly-stated intent to change for the better how people get around the Metro service area. This is why I am so offended by what Chair Brock is saying now. She’s just flat out lying about the referendum, in the service of not doing something she and the Mayor don’t want to do. It’s infuriating and insulting.

“But the financial picture has changed since 2019”, I hear you cry. I agree, that much is true. Construction costs are higher (not that such trivial matters ever affects highway construction). Interest rates are no longer zero. The pandemic was extremely disruptive to Metro’s cash flow and ridership, and no one really knows what the long-term future for some of these things are now. If this were presented as “we need to reprioritize the project list in light of the changes since 2019”, with perhaps the Inner Katy line getting moved in front of the Universities line, or as noted the Universities project being broken into pieces, like maybe do the UH/TSU to Wheeler part first and then go from there, this would hit very differently. It would at least recognize what the public voted for. I wouldn’t like that but I could accept it. I wouldn’t feel like I was being treated like an idiot. Metro would still apply for the grant money, which perhaps they’d be less likely to get now, but wouldn’t just be throwing away all the work that has already been done for some unspecified amount of time.

But that’s not what is happening here. This Board, under this Mayor, is saying they’re not bound by what the public voted for in 2019. They’re saying they can just come in and change the project list to suit their preferences, all the while telling us it’s what we really voted for, we’re just too dim to remember it. They can try to hide behind “fiscal responsibility” fig leaves, but that’s just rubbish. If you can’t or won’t try to deliver on the promises made to voters by a previous administration, then maybe don’t accept a position on the Board. And if you do try, really try, to fulfill those promises but just can’t make it work, then try to fulfill what you can, and be honest about what you can’t do. Don’t lie to us. We deserve better.

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Influencers now required to disclose paid political content

Good. Could be stricter, and Lord knows our overall campaign finance system is a mess, but this was a slam dunk.

Texas’ top campaign finance watchdog voted Tuesday to require social media figures to disclose when they are paid for political advertisement, nearly a year after The Texas Tribune reported that influencers were being quietly paid to defend impeached Attorney General Ken Paxton.

In a 7-0 vote, the Texas Ethics Commission gave final approval to the changes, which were first proposed in March.

Last summer, the Tribune reported on a new company, Influenceable, that was paying Gen Z influencers to create or share social media posts that attacked the impeachment process and the Texas Republicans leading it, including House Speaker Dade Phelan. Commissioners did not mention the company directly on Tuesday, but said at their previous meeting that the changes were in response to “at least one business” that was paying social media figures for undisclosed political messaging.

Influenceable has a partnership with Campaign Nucleus, a digital campaign service that was founded by Brad Parscale, a top official on former President Donald Trump’s last two campaigns. It also received $18,000 from Defend Texas Liberty in May 2023, after which influencers began to parrot claims that Paxton was the victim of a political witch hunt, accuse Phelan of being a drunk or urge their millions of collective followers to come to Paxton’s aid.

Defend Texas Liberty is a political action committee that two West Texas oil billionaires, Tim Dunn and Farris Wilks, used to give more than $15 million to far-right campaigns and candidates in the state since 2021. The two are by far Paxton’s biggest donors.

The new change amends the commission’s rules to clarify that disclosures are required for those who are paid more than $100 to post or repost political advertisements.

“This is not the case of the TEC inventing a substantive requirement to rule making,” the commission’s general counsel, James Tinsley, said before the vote. “It’s quite the opposite. It’s pairing back an exception.”

[…]

Campaign law experts have previously said that company’s like Influenceable reflect a decadeslong failure to modernize disclosure rules, many of which have not been updated since the widespread proliferation of social media or the internet.

“The [federal] laws around disclosure of campaign spending assumed a traditional model, like paying somebody to print your ad in the newspaper or paying a TV station to play your ad on the air,” Ian Vandewalker, an expert on the influence of money in politics and elections at the Brennan Center, told the Tribune last year. “Paying an influencer to talk about a candidate doesn’t fit into those traditional definitions, and so it’s slipping through the cracks.”

Texas has some restrictions on out-of-state donations, limits donations during the biennial legislative session and requires disclosures of political advertising that contain “express advocacy.” But otherwise, one longtime campaign finance lawyer said, the state’s rules allow “dark money to run amok.”

“If you’re not actually advocating for or against the election of someone or a proposition, then you pretty much fall outside” most regulations, Austin lawyer Roger Borgelt said last year.

See here and here for the background. This relatively modest change was strongly opposed by the worst people in the state, so just on that it has merit. The TEC has weak enforcement powers, but as noted in my second link above, there are Republicans in the Lege who didn’t like this and are talking about action against it. So there is hope that we can at least trim the sails a bit here. It’s better than nothing, for sure.

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Kerry Max Cook declared innocent

Wow.

Kerry Max Cook

Kerry Max Cook is innocent of the 1977 murder of Linda Jo Edwards, the Texas Court of Criminal Appeals found, citing stunning allegations of prosecutorial misconduct that led to Cook spending 20 years on death row for a crime he did not commit.

Cook was released from prison in 1997 and Smith County prosecutors set aside his conviction in 2016. The ruling Wednesday, by the state’s highest criminal court, formally exonerates him.

“This case is riddled with allegations of State misconduct that warrant setting aside Applicant’s conviction,” Judge Bert Richardson wrote in the majority opinion. “And when it comes to solid support for actual innocence, this case contains it all — uncontroverted Brady violations, proof of false testimony, admissions of perjury and new scientific evidence.”

[…]

The Court of Criminal Appeals opinion Wednesday noted numerous instances of wrongdoing by police and prosecutors. During the 1978 trial, the prosecution illegally withheld favorable evidence from Cook’s defense team and much of the evidence they did present was revealed to be false.

One of the prosecution’s witnesses was a jailhouse snitch who met Cook at the Smith County jail and said Cook confessed to the murder. The witness later recanted his testimony as false, stating: “I lied on him to save myself.”

The prosecution also withheld that in exchange for that damning testimony, they had agreed to lower that witness’s first-degree murder charge to voluntary manslaughter.

I didn’t follow the Cook saga, mentioning this case once in passing when discussing the more-complex case of Darlie Routier. There’s plenty more info about this case out there if you want to read some more. I’ll just add two things. One is that after all this time, the real killer not only got away with it, but was never even a suspect because of the Smith County prosecutor’s relentless focus on railroading Cook. And two, in the same way that qualified immunity protects cops who do bad things, it also protects rogue DAs who care way more about their conviction percentage than they do about protecting the public and serving justice. One wonders how many fewer cases like this would exist if prosecutors had to face the consequences of their reckless actions.

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Texas Medical Board publishes its useless abortion guidance

You already know how I feel about this.

The Texas Medical Board on Friday adopted guidance for how doctors should interpret the state’s new abortion laws, reducing paperwork requirements some saw as overly burdensome but declining to provide a list of cases in which an abortion would be legal.

The board unanimously approved the new guidelines after making revisions in response to concerns raised by doctors, lawyers and people who say they were denied medically necessary abortions. The changes included removing a controversial provision that appeared to encourage doctors to transfer patients who might need an abortion.

Board Chair Dr. Sherif Zaafran acknowledged Friday that, even with these edits, this guidance doesn’t address all the concerns the board heard during this process.

“There are certain things that we can address and there are certain things that we ultimately don’t feel that we have the authority to address,” Zaafran said.

This long-awaited guidance is just that — guidance, laying out how the Texas Medical Board will investigate allegations of illegal abortions. The medical board can take away the license of a doctor found to have performed an illegal abortion, and its findings could potentially be used by prosecutors or the attorney general’s office in determining whether to seek criminal or civil penalties.

“There is nothing that prevents a prosecutor in an individual county or an individual who wants to file a lawsuit to do so,” Zaafran said. “But my hope would be, and my strong recommendation would be, that any entities out there would defer to the actions of the medical board and its judgment when a complaint has come in as to whether something was appropriate or not.”

See here for the previous update. With all due respect to Dr. Zaafran, who along with his colleagues did what they could with this mess, but tell that to Ken Paxton. If you cannot meaningfully restrain Ken Paxton, then no doctor has any incentive to act any differently today than they did before.

As I said, you already know how I feel so I’m just going to add a couple of notes from elsewhere. First, from the Things That Will Not Happen department:

More than 20 Texas women turned to the courts for additional clarity on when their doctors could act in medical emergencies in Zurawski v. Texas. The State Supreme Court ruled against those women in late May, saying a lower court’s injunction in the case “departed from the law as written without constitutional justification.”

In the case of Kate Cox, a North Texas woman who petitioned the court for the right to get an abortion for her medically complicated pregnancy, the state’s highest court similarly did not side with the patient. Instead, the court said the Texas Medical Board had the authority to issue guidance on how physicians should operate under the bans.

“I think the Supreme Court, for lack of a better term, created the hot potato. They didn’t want to do this, so they threw it to the state medical board and the state medical board really doesn’t have the authority to change the law, ” said Dr. Todd Ivey, a Houston OB-GYN. “I think what this says to me, as a practicing physician, is now the onus is on the legislature and the legislature really needs to step up and address this.”

Narrator: The Legislature will not do anything to address this. There may be some room for a microscopic change around the edges, but nothing that will have an impact. This will be true for as long as the Legislature remains as it is.

And to reiterate my earlier point:

One of the medical board members who is not a health care professional, LuAnn Morgan, said she was concerned that the rules don’t go far enough to ensure patients receive the care they need.

In response, Zaafran noted that physicians also can face discipline for declining to act in emergency scenarios. Reports of hospital officials making decisions not to treat a patient, against a doctor’s judgment, is inappropriate, he added.

“What we’re saying here, very specifically, is that there is no right for anyone other than a physician to make that judgment,” Zaafran said. “To do so by anyone else would be practicing medicine without a license.”

Another board member, Dr. Manuel Quiñones Jr., a San Antonio family medicine physician, acknowledged that the board cannot “completely cover every single possible scenario under every single circumstance.” But the rules reflect the board’s attempt to protect a doctor’s decision-making, he said.

“Somebody has to … step beyond the line and try to save life or maintain quality of life,” he said. “Somebody has to make that decision, and that’s what we’re trying to protect.”

And again, the person making that decision will be Ken Paxton. We both know what needs to be done about it. Spectrum News and KXAN have more.

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License plate scanning

HPD does a lot of it. How much is too much?

As Houston public safety leaders continue to decry what they say are staffing shortages, the police department has come to rely on a license plate scanning technology more than any other city in the country, the acting chief said at a recent hearing.

Houston now leads the nation with more than 3,800 license plate reading cameras, acting Police Chief Larry Satterwhite said at a hearing on the department’s budget for 2025. And the technology is showing promise in helping investigators close cases.

“It’s been tremendously helpful,” he said.

The cameras track license plates on vehicles and notify law enforcement of any past links to crimes. While law enforcement experts in Houston and elsewhere have praised the technology for helping investigators solve crimes faster and more efficiently, it doesn’t come without controversy, as some civil rights groups have voiced concern about how the technology stores data and intrudes on peoples’ privacy.

Law enforcement experts across Harris County praised the promise of the Flock Safety cameras, saying they make a difference in solving crimes. The cameras have helped investigators solve some high-profile shootings across the Houston area in recent months, including the shooting of rapper BTB Savage.

“The days of chasing criminals the old-fashioned way is over, we’re not on horses anymore,” Lt. Mike Santos, a sheriff’s deputy, said in an interview after the East Aldine Management District announced plans to spend $1 million on 60 of the cameras. “If we can use technology to our benefit, then let’s do that.”

[…]

Savannah Kumar, attorney with the American Civil Liberties Union of Texas, previously told the Houston Chronicle that the license plate reading cameras raise privacy concerns. Kumar urges people to be cautious with the implementation or expansion of plate reading systems and to consider how long the data is retained and where it’s shared by law enforcement.

I’m more or less okay with this. There are plenty of reasons to be skeptical of law enforcement technology, especially as a virtual replacement for actual police work, but there’s nothing magical or sinister about plate scanners. Optical character recognition is mature technology, unlike facial recognition, so I don’t fret about license plates being misidentified. The plate scanners are doing the same thing a cop on the beat or driving around in a squad car would be doing, and not at some impossibly high multiple of what a live human would do. As long as the images aren’t being stored and the back-end database is up to date, I’m reasonably comfortable with this.

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Once more with Amtrak and Texas Central

Bloomberg examines the recent history and possible future of the Texas high speed rail line.

The US is “on the cusp of a high-speed rail revolution,” says Andy Byford, Amtrak’s Senior Vice President for High-Speed Rail Development Programs. “Suddenly, people are beginning to wake up to the fact that there is this alternative” to flying and driving.

The English-born Byford — dubbed “Train Daddy” by grateful New York City straphangers for his work leading the city’s subway system out of crisis as head of the New York City Transit Authority from 2018 to 2020 — landed at Amtrak in 2023 to take up another challenge: getting the national passenger rail corporation’s high-speed ambitions back on track. The Lone Star State could offer the best opportunity. The 240-mile Dallas to Houston corridor, with a stop in the Brazos Valley serving Texas A&M University, is ideal for high-speed rail, Byford says: “It’s the right distance apart. The topography is pretty straightforward. The potential ridership is huge.”

The trip between the state’s two largest metropolitan areas now takes at least three and a half hours by car. On a train that can top 200 mph, it would be less than 90 minutes.

But even if the idea makes sense on paper, the “north of $30 billion” endeavor, as Byford describes it, still faces enormous hurdles. The Texas legislature has not looked favorably upon the idea of using state funds for rail transportation. The structure of the project, a public-private partnership, would be unlike anything Amtrak has attempted in the past. And it will need to find funders willing to bet on a transportation technology that has yet to prove its mettle in America.

“The private financing pieces would be a lot easier if Texas would just say, ‘We support this project,’” says Rick Harnish, executive director of the US High Speed Rail Alliance, an outside advocacy group.

Super-fast trains have eyed this route in the past. In 1989, state legislators established a Texas High-Speed Rail Authority and a group of investors led by former Lieutenant Governor Ben Barnes advanced plans for a “Texas Supertain” between Houston and Dallas, which would later extend to Austin and San Antonio. But the notion of a 600-mile-long statewide high-speed rail network faced opposition from rural residents and Dallas-based Southwest Airlines: In a brief filed with the state rail authority in 1991, the company argued that “high-speed rail will be viable in Texas only by destroying the convenient and inexpensive transportation service the airlines now provide.” State lawmakers dissolved the authority a few years later.

The current plan for a Dallas-to-Houston bullet train was hatched in 2009 by Texas Central, a US company working in partnership with Central Japan Railway Company. Also known as JR Central, the Japanese firm runs the nation’s oldest Shinkansen high-speed rail routes. Over the following decade, Texas Central raised hundreds of millions of dollars, including a $300 million loan from the Japan Bank for International Cooperation. By 2020, the group had secured all necessary environmental approvals and had received permission from the Federal Railroad Administration to use equipment from JR Central’s Shinkansen network. It also acquired 30% of the parcels it needed for its right of way.

“They got it down to the 10-yard line,” says Peter LeCody, president of Texas Rail Advocates, a group that has been lobbying in favor of the Dallas to Houston project since its inception. Then, in 2022, Texas Central disbanded its board of directors and appeared to halt operations.

That takes us to where we are today with Amtrak. It’s good to be reminded that with all of the delays and disappointments, Texas Central actually got pretty far, and that was with little to no cooperation from the state and an awful lot of opposition from various groups. Maybe with some real investment from the feds it would be possible to take it the rest of the way. I know, I know, it feels like we’ve been down this road a bunch before, but I’m still not ready to give up. There’s a lot that needs to happen, but a lot that already did happen. Just take it from there.

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Appeals court declines to block zombie ReBuild lawsuit ruling

That means the city is still on the hook for a bunch more money to be allocated to drainage projects. Which the just-adopted budget didn’t account for.

A state appellate court on Tuesday rejected the city of Houston’s request to reverse a ruling mandating that the city spend hundreds of millions more on street and drainage projects.

Affirming the late April decision, the 14th Court of Appeals denied the Whitmire administration’s motion to rehear the case. The court’s rejection came just six days after City Council approved a $7.3 billion budget, which set aside roughly $100 million less in drainage funding than was ordered by the court.

Only a day after the appeal was rejected, City Council unanimously approved a landmark $1.5 billion settlement that provided raises and backpay for Houston’s 4,000 firefighters. Critics have raised concerns that the deal will further strain the city budget, with Controller Chris Hollins warning Houston’s budget deficit could balloon to as much as $280 million in the coming fiscal year.

That projection does not account for the additional funds the city may have to allocate in the wake of Tuesday’s decision. City Attorney Arturo Michel told the Chronicle that the ruling will likely have no immediate impact on the current budget. He said his office plans to petition the Texas Supreme Court to hear the case again. Even if the court rejects the city’s motion, Michel said the additional drainage dollars would be allocated as part of next year’s budget process.

One of the lawsuit’s plaintiffs, Bob Jones, predicted the city would take their case to the Supreme Court.

“But seeing as the Supreme Court sided with us once before,” Jones said on Wednesday, “I don’t see that working out for them.”

See here for the background, and here for more on the budget. I have no idea what happens if SCOTx takes the same action and the city is then under the judgment that required more money paid out to drainage mitigation. Budget re-do? Emergency appropriation? Negotiated settlement with the plaintiffs? The latter seems most likely to me, but I’m just guessing. We’ll learn soon enough if we need to figure that out.

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City report calls 11th Street a success

How about that?

A Houston Public Works draft report obtained by Axios states that measures to slow traffic along 11th Street in the Heights have achieved key safety goals.

Why it matters: The project — a polarizing rebuild completed under former Mayor Sylvester Turner — has drawn skepticism from Mayor John Whitmire, who questioned its effectiveness after assuming office and ordered a formal review.

The intrigue: Houston Public Works submitted the report’s latest draft to Whitmire in March and he continues to mull the fate of the work, including a pair of bike lanes.

What they found: Changes to 11th Street resulted in slower traffic, fewer and less severe crashes, and a 200% increase in people using a crucial new trail crossing, per the report.

The report also shows that the societal cost of crashes along 11th Street during the same time frame dropped from $1.5 million in 2019 to $268,000 in 2023 after construction was complete.

See here for some background. This all sounds pretty good to me, and as a regular user of 11th Street I can personally confirm it’s much less highway-like. A fine thing, given that this is a residential neighborhood.

There’s also this:

The draft report shows that there aren’t any negative impacts on the Houston Fire Department equipment. In fact, HFD submitted comments on an early design of the project in 2022, where it identified a continuous median between Shepherd and Yale that caused concern, but ultimately that median was not constructed.

“HFD has confirmed that the implemented design fully addresses their concerns,” the report said. “HFD has not identified any negative safety impacts to their operations based on the implementation of the 11th St safety improvement project.”

If it’s good enough for the Fire Department, then it’s surely good enough for the Mayor. Right?

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