Once again with SCOTx and abortion

I’d like to think abortion will make a difference in the Supreme Court races, but it’s not so easy.

Three Texas Supreme Court seats are up for grabs this November and, for the first time in a long time, Republican incumbents are facing heat from Democrats, who see these races as the best chance Texas voters have to influence the state’s near-total abortion ban.

Democrats have created a political action committee to unseat “Jimmy, John and Jane” — justices Jimmy Blacklock, John Devine and Jane Bland. In statewide TV ads, the PAC draws a line between these justices’ rulings on abortion and the stories of women who say they were harmed by the new laws.

“We just have to say, these are the folks that did that thing that you don’t like,” said PAC founder Gina Ortiz Jones, a former undersecretary of the Air Force in the Biden administration and a San Antonio native. “This is how you can hold them accountable.”

Since the U.S. Supreme Court overturned Roe v. Wade in 2022 and allowed states to set their own abortion laws, state courts have become the new electoral battleground. More money was poured into state supreme court races in the last two cycles than ever before, and this year promises to shatter even those new records, according to the Brennan Center for Justice at New York University.

Whether that national fervor will move the needle in Texas remains to be seen. Like the rest of the state government, the state Supreme Court, where nine justices each serve staggered six-year terms, has been the exclusive domain of Republicans for more than two decades. Getting even one dissenting voice on the court could be influential, but this may not be where the state’s sturdy red wall begins to crumble, said Todd Curry, a political science professor at the University of Texas at El Paso.

“I don’t think we’ve hit the watershed moment where there ends up being a Democrat on the Texas Supreme Court,” Curry said. “We’re not quite there yet, but I think give us four, eight years, and we might get to that point.”

[…]

Texas Democrats may have an easier time tying abortion to the courts than in other states, since the justices in Texas have actually had opportunities to rule on the issue, said Rebecca Gill, a political science professor at the University of Nevada, Las Vegas. But actively campaigning on specific issues can be tricky in judicial races.

“Even though Texas has partisan elections, I think it is still sort of uncomfortable to think about these judges being representatives of particular policy interests, as opposed to being more technocrats who are specialists at interpreting the law,” she said.

Democrats are also fighting against the reality that even a Blue Wave won’t create a new majority on the high court in this election cycle. But adding even one dissenting voice can be hugely influential, Gill said.

“Judges tend to be pretty good at talking about legal things in a way that makes it sound like the decision they are making is the only possible decision you could come to,” Gill said. “It isn’t until you read a dissenting opinion that you think, well this is also very convincing… if you don’t have that dissenting voice, then it’s very difficult for people who don’t speak legalese to be able to understand how much of these decisions are really discretionary.”

Curry, the UTEP political science professor, said a dissent can also be cited in future court cases, or if a case gets escalated to the U.S. Supreme Court.

But he’s skeptical that voice will be heard on the Texas Supreme Court bench anytime soon. He pointed to the challenges of campaigning statewide for a low-awareness race, and of keeping the attention on these issues and the court’s role in them, for months after they started to fade from the media.

But that doesn’t mean it’s a lost cause for Democrats forever, he said, pointing to Republicans’ decades-long effort to rebalance the U.S. Supreme Court in their favor.

“I think Democrats statewide need to start thinking on a longer timeline than the next immediate election, because groundwork and party building isn’t something that just happens,” he said. “But it’s been lacking in the state for a fairly long time.”

Most of the rest of the story is about the Find Out PAC and why John Devine in particular needs to go. I don’t think we’re ready to win these elections yet, and Lord knows we should have been building infrastructure and raising money for races like these well before now, but I do think the Find Out PAC has done a good job of raising the issue. It’s a leg up on the next election, assuming we don’t just dismantle everything and forget this ever happened before then.

One of the challenges in recent years has been that the Democratic statewide judicial candidates have run a bit behind the top of the ticket. There’s some variance in there, the usual one to three point spread, but between the Presidential candidates and Beto in both 2018 and 2022, we would have needed to win at the top by at least a couple of points to have brought some judicial candidates across the finish line. That hasn’t always been the case – in years like 2006 and 2008, the high scorers on the Democratic side were judicial candidates – but current partisan trends and vastly differential fundraising success at the top has led us to where we are. It’s possible this year could be a little different, or it may just be that Colin Allred leads the pack instead of Kamala Harris, and the judicials are a couple of points behind him. If nothing else, I’ll be interested to see if we have less dropoff for the downballot Dems than we’ve seen in recent elections. Having some ads running in support of those candidates, as well as a potent issue for them, ought to help. We’ll see how much it does.

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Dispatches from Dallas, October 19 edition

This is a weekly feature produced by my friend Ginger. Let us know what you think.

This week, in news from Dallas-Fort Worth we have several big topics: the Roberson execution that wasn’t; the HERO amendments, pro and con, and the Texas Observer’s expose on Monty Bennett; and the fallout from the Cruz/Allred debate earlier this week. We also have more election news; news from and about the Tarrant County jail; what’s up in Keller ISD and other local districts; how a US District Judge in North Texas is having and/or causing problems because of his investments; all the stories coming out about Fair Park’s management problems; more on the Taylor Swift guitar that was smashed in Ellis County a few weeks ago; the new exhibit at the Amon Carter that has a mature content warning now; and more.

As a reminder, early voting starts on Monday. DFW voters can check out the voting guides from the Dallas Morning News and the Fort Worth Star-Telegram. Plus the ongoing endorsements from the Star-Telegram and the DMN, which will be updated through Election day. As always, I urge readers to get out and vote.

This week’s post was brought to you by the music of the Electric Light Orchestra, whose farewell tour is coming through Dallas this week.

I really thought I was going to spend a lot of time in this post talking about the Allred vs Cruz debate, but then we had the last-minute reprieve for Robert Roberson and the Texas Observer profile of Monty Bennett and his puppet organizations and the Dallas HERO charter amendments, so it’s a big week for news.

Let’s start with Roberson. I’m writing on Friday afternoon and everybody is sighing with relief that the state didn’t execute Roberson over the shaken baby death of his daughter back in 2001. The last minute maneuvering around the case was reported nationally (Washington Post) and local reaction has been favorable as well (Dallas Morning News; Star-Telegram op-ed; Dallas Observer). The Texas Tribune has details of the Lege’s legal strategy, and I’d like to call out local reps Jeff Leach (R-Plano) and Brian Harrison (R-Midlothian), two of the leaders of the House movement to force the stay; they really did the right thing this time. I hope the stay results in a commutation or pardon for Roberson, who has suffered enough based on a conviction over an allegation that’s now known to be based on junk science.

Second, let’s talk about the HERO amendments here in Dallas. In case you’ve forgotten, the key amendment would force Dallas PD to take on about 1,000 officers (about 1/3 of the current force) immediately and to divert half of any monies above the current budget to law enforcement, hamstringing the city’s ability to plan in the future. The other two amendments are also terrible, but the interference with, nominally for, law enforcement and budgeting is the worst. Dallas HERO, the group that sponsored them, is a front for local hotel billionaire Monty Bennett.

The powers-that-be have launched their offensive against the HERO amendments complete with an op-ed from revered former police chief David Brown against them as well as a commentary piece from DMN name-brand political reporter/analyst Sharon Grigsby against them. Meanwhile, Bennett stooge Pete Marocco, who used to work for the Trump administration, just so you know who we’re dealing with, is playing defense as best he can with the usual canards about how the city council doesn’t understand what he’s trying to do, etc. None of this is great: the local powers are blowing a lot of smoke and there are improvements we could make, especially with Mayor Eric Johnson running off competent city administrators. But “we’re gonna give all the money to the cops” is exactly the wrong way to go about it.

And on that note, this morning I read this Texas Observer expose on Bennett, which draws on Bennett’s history of legal shenanigans, his desire to be the Wilks/Dunn of Dallas, his use of astroturfing and his purchase of the brand of the historic Dallas Black newspaper the Dallas Express to amplify his astroturfing toward his goals. It’s a long read but very much worth your time if you’re interested in North (and Central) Texas politics. I’ve covered bits and pieces of this in my time writing here, but this is pulling it all together and laying it out for you. Monty Bennett is a problem, y’all. He’s my problem and Dallas’ problem right now, but he’s on his way to becoming everybody in Texas’ problem, if not a national problem like some of our other Texas billionaires.

Third on my list: it’s been three days since the Allred-Cruz debate, but the debate is already old news. I’ll give you the local post-game analysis: the DMN on the key takeaways; the Star-Telegram’s Ryan Rusak for Republicans and Bud Kennedy for folks who are slightly more liberal than that; and Substacker Jay Kuo with the perpetual Dems’ hopes are up to beat Ted Cruz. Mine are not; I think the fundamentals are not here the way they were in 2018. Specifically, the presidential election favors Cruz. Maybe Trump’s increasing instability and what looks frankly to me like dementia will mean fewer of his voters come out, but I’m not counting on it. All that said, there is a relevant local item I want to point out, which is Cruz’s mention of Venezuelan gangs here in Dallas. WFAA has a story about what really happened which is not nearly as exciting as Cruz thinks it is. (Yes, there may be Venezuelan gangsters in Dallas; no, this is not part of some big gang influx.)

With all that out of the way, let’s look at other news:

  • The Texas Tribune and ProPublica took a look at the rise of Tarrant County Judge Tim O’Hare, a frequent target of my ire and despite. It’s worth your time.
  • The DMN’s Gromer Jeffers opines on which way Tarrant County will swing next month. Somewhat related: the Fort Worth Report tells us who’s on the ballot for seats in the Legislature for Tarrant County this time around.
  • Dallas County is making sure their ballots are aligned properly, which I like as a Dallas voter, but they’ve had to do it three times to satisfy Republicans in the Lege. It’s a complicated process; I’m not surprised they had to do quality control; they found the problem and fixed it. Clearly we need more programmers and fewer election deniers in the Lege.
  • Speaking of which: Here’s a writeup of the ballot security measures in Tarrant County as announced by County Judge O’Hare. Many of them are not news but it’s nice to have a roundup.
  • A Democratic Fort Worth area State Representative has asked the Justice Department to oversee Texas’ elections in November.
  • Substacker LoneStarLeft, whom you may know from blogging as Still Blue in Texas, has a piece on Beth Van Duyne vs Sam Eppler in CD-24. This is my district; Van Duyne is weird, as Tim Walz would say; and for the same reasons I expect Cruz to win, I expect Van Duyne to beat Eppler. Van Duyne’s weekly newsletters break my brain. About half of them are full of normal stuff, like meeting with local officials and companies, showing kids around Congress, the usual. The other half is election denialism, xenophobia, and other Trumpism-related garbage. It’s no surprise to me that the DMN endorsed Eppler. The Star-Telegram hasn’t made an endorsement as of this writing.
  • The Dallas Observer reports that UT Dallas aren’t stoked about the presidential election and their interests are mostly local. The big exception is Palestine, where neither of the parties aligns with their stance. My interest in this article is that it was written by the former head of the UT Dallas paper, who lost his position when the administration sacked him, allegedly over coverage of the pro-Palestine protests on campus.
  • Would you like to know which developers spend the most on Fort Worth elections? The Star-Telegram has you covered.
  • In polling place news, AT&T Stadium will serve as a voting center in Tarrant County. And the DMN has more on where you can vote in Rowlett and the certificate of occupancy for Freedom Place Church.
  • Last but not least on elections, we have an important endorsement in the Dallas city elections: Willie Nelson wants us to decriminalize marijuana. I’m with Willie.
  • Amber Guyger, the former Dallas police officer who killed Botham Jean by mistake, was denied parole after serving half her sentence.
  • Also this week, Fort Worth honored Atatiana Jefferson on the fifth anniversary of her death at the hands of a police officer.
  • Tarrant County has a lot of jail news. They’re extending the contract with My Health My Resources (the group they also gave the juvenile mental health/diversion contract to after ditching the group the county had previously contracted with for ideological reasons) despite the number of deaths in the jail and specifically the number related to mental health. Plus, it looks like the county commissioners may be considering privatizing the jail based on an agenda item that was later removed as residents protested it. Meanwhile, the state says Tarrant County is violating a Texas law that requires independent investigations of deaths in the jail.
  • Meanwhile, not officially a jail issue, but related: former Tarrant County Sherriff’s deputies claim they were sacked in retaliation for complaints about drug use, misuse of official resources, racial discrimination and more by fellow officers. They’re suing.
  • Ken Paxton is suing a doctor at UTSW for treating trans kids with hormones. The Dallas Observer and KERA have the details.
  • Keller ISD continues to make news, and it’s never in a good way. Currently they’re giving basic sandwiches to kids who have more than $25 in student lunch debt. Because we don’t fund our public schools, Keller is asking the community to pitch in to retire lunch debt, which is already at $37,000 for the 2024-2025 school year. Plus, parents in the district are also protesting alleged censorship by the superintendent, who is now approving or vetoing every student play or musical, including vetoes of some previously approved productions. (You may recall that interfering with student productions is what bit the former superintendent in Sherman ISD.)
  • There’s more on Fort Worth ISD’s troubles, as well. The Fort Worth Report notes that more principals left the district last year than in any year since 2017. And the Star-Telegram asks who will lead the district after the sacking of the last superintendent.
  • Lewisville ISD is having budget and enrollment shortfalls. They may have to close or consolidate 20 campuses at the elementary and middle school levels, with decisions to come no earlier than December.
  • You may remember I said I thought there was something going on with the sudden suspension of the Grand Prairie ISD superintendent? The superintendent sued the board and the judge blocked the board from firing him. The DMN has more.
  • Dallas City council is asking questions about the Fair Park management contract and the missing $5.7 million we talked about last week. The DMN has several stories about a possible new contract, the operator’s claim it’s owed $2.1 million, and the Dallas Park Board’s president wanting another audit. I’ll admit I find all this confusing, but mostly it looks to me like the parties are lining up for a lawsuit that will resolve the financial claims and sever the current operating agreement.
  • I’m sure you’ve encountered North Texas US District Judge Reed O’Connor’s name in connection to the suits he’s heard. WFAA notes that he’s currently in charge of the X/Twitter vs Media Matters case and even though he has an investment in Tesla that’s worth as much as $50,000, he’s not recusing himself. The article notes that Xitter is headquartered in Austin, which is in the Western District of Texas, but its terms of service require lawsuits to be heard in the Northern District. Meanwhile, Chris Geidner of Law Dork reports on some other cases where O’Connor’s stock holdings have forced a recusal. Geidner explains why the shenanigans around these cases are going on and how O’Connor’s stock holdings are a problem. The other half of the newsletter is also about the Northern District and Matthew Kacsmaryk, and is also worth your time.
  • KERA has a story about the small-town volunteer fire department in Collin County and how the county isn’t paying enough for it to serve the unincorporated areas around it. If you’re interested in exurban and rural infrastructure issues, this story should be on your list.
  • Haynes Boone is doing the third-party investigation into Robert Morris, founder of Gateway Church. The report on the events that took place in the 1980s, which is to say when he was molesting a teenaged girl, should come out sometime this fall, probably next month.
  • Speaking of crooked religious types, Tarrant County just sentenced the mistress of a religious scammer called The Money Doctor to life in jail over her part in a $31 million Ponzi scheme. She was laundering the money he brought in.
  • Last week the Star-Telegram announced it was pivoting to online and only publishing in print three days a week. The Fort Worth Report has their take on this news with responses from subscribers.
  • The DMN would like you to know that their letters to the editor lean left because that’s what they get from the public. I’m being kind of a smartass about this, but I get a lot of emails from folks like Indivisible suggesting I write a letter to the editor about whatever subject they’re flogging right now. (I write to y’all instead.) It sounds to me like this PR strategy on the part of outside groups is working well here in Dallas.
  • Following that big expose of the body disposal scandal at UNT in Fort Worth, Tarrant County has adopted a new policy for dealing with unclaimed bodies so that they’re treated with dignity. It’s expected to cost the county $675,000.
  • The Dallas Black Dance Theater season opened with new dancers after management, as you may recall, sacked the entire company, but not for unionizing. It’s no surprise, then, that the first performance was picketed by the fired dancers.
  • You may remember that fellow in Ellis County who smashed the guitar that may or may not have been signed by Taylor Swift, depending on who you listen to. He bought it for $4000, and it sold on eBay for $6550, which, like the original $4000, is going to the Future Farmers of America. I cannot verify the next part but the rumor in town is that the guitar was sold with the hammer, which puts an entirely different cast on the viral video.
  • Here’s a touching story about how DFW-area shelters opened their arms to 130 animals from Florida after the Florida shelters were overfull before Hurricane Milton. Our two cats came to us after a similar nationwide dispersal effort after a hoarding situation in Missouri was resolved, so this one is personal for me.
  • The Star-Telegram has an interesting piece of local history about a con man from Fort Worth who claimed to have reached the North Pole before Admiral Peary.
  • The Athletic has the story of how F1 failed in Dallas back in 1984. When I sent this to a mutual friend of our host’s and mine who is seriously into F1, she referred me to this article about the 1984 race from the Formula One people. I learned a lot from both of these articles. Thanks Karin!
  • The Amon Carter in Fort Worth has a travelling exhibit called “Cowboy” that opened at the end of last month. It briefly closed after a couple of weeks and now has reopened with a mature content warning. I have plans to do some museum visiting in Fort Worth in a few weeks and will now really have to check this exhibit out.
  • The Village Bakery in West, which claims it’s the OG kolache shop in that storied town, will reopen under new management with the original recipes. I’ll also have to report back on this story when I next head down to Austin.
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    Judicial Q&A: Justice Sarah Beth Landau

    (Note: As I have done in past elections, I am continuing the series of Q&As for judicial candidates in contested November elections. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic candidates who are on the ballot in Harris County, including links to the interviews and judicial Q&As done for March and for November, can be found on Erik Manning’s spreadsheet.

    Justice Sarah Beth Landau

    1. Who are you and in which court do you preside?

    Justice Sarah Beth “Sorcha” Landau. I am one of nine justices on the First Court of Appeals.

    2. What kind of cases does this court hear?

    We handle everything in the entire justice system other than federal and criminal death penalty cases: civil, criminal, family, juvenile, and probate cases on appeal. Appeal means that one side did not get what they wanted in the trial court and they can have a panel of three justices review the decision for error that affected their rights.

    3. What have been your main accomplishments during your time on this bench?

    The first week I joined the court, I brought opinion writing software to the court to make our opinions shorter and easier to understand with less jargon. During that time, I also opened the court to public weddings. Before, you had to know a judge personally to request a wedding in our beautiful courthouse. Now everyone can do it, without discrimination. I also overhauled the summer law student intern program to make it more inclusive and useful to law wizards in training and have run the program since 2020. This is, of course, in addition to writing most of the en banc opinions our court has issued and keeping up with all my assigned cases without any backlog and giving continuing legal education presentations and judging moot courts and mock trials and teaching classes at law schools.

    4. What do you hope to accomplish in your courtroom going forward?

    I’d like the Houston Bar Association to adopt a system of evaluating judges and judicial candidates, informed by not only the HBA but by other nonpartisan organizations that endorse judicial candidates, such as the Association of Women Attorneys, the Mexican American Bar Association of Houston, the Houston Lawyers Association and The Caucus, so voters could easily see if these organizations thought that the candidate was qualified, highly qualified, or not qualified. It’s too hard for voters to make informed choices under the current system given the length of the ballot.

    5. Why is this race important?

    Control of the court is on the ballot because the majority of seats are up for election. Judicial independence is on the ballot because the executive branch has made clear that if Republican judges don’t vote their way, they will be punished with a well-funded primary opponent. Three conservative judges on the Court of Criminal Appeals got primaried because they voted to decide a case against the Attorney General. They lost.

    6. Why should people vote for you in November?

    First, my experience is almost as broad as the court’s jurisdiction. I have civil law experience, criminal law experience, federal court experience, state court experience, large law firm experience, public service experience, trial and appellate experience. Second, this role is a calling for me, not a job. I am all in. Third, I am not beholden to anyone. I am independent. To underline this, I do not take donations from special interests or law firms, just individuals. Not just this month, but every month, I am out in the community, meeting with voters. My opponent is not campaigning, as far as I can tell. As public servants or people seeking to become public servants, we owe it to the community we serve to be transparent and available in person or at least on social media, not just to those who agree with us politically.

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    TEA clears Third Future Schools

    Some good news for Mike Miles.

    The Texas Education Agency’s investigation into alleged misuse of state funds concluded Third Future Schools — a Colorado-based charter school network founded by Houston ISD Superintendent Mike Miles — did not violate any Texas laws.

    The investigation also found “no evidence” of any wrongdoing by Third Future Schools Texas or Miles, who was not one of the subjects of the TEA’s investigation.

    TEA officials said a special investigation began after Spectrum News Texas reported in May that Third Future Schools Texas had inappropriately diverted state funds from public school students in Texas through partnerships between three Texas school districts — Austin, Ector County, and Midland ISDs.

    The outlet reported Third Future Schools charged fees to its Texas schools, which fed into a general fund that, in part, subsidized one of its schools in Colorado before it closed. According to a 2022 audit, Third Future Schools Texas also reported it had run a deficit due to debts to “other TFS network schools and to TFS corporate.”

    Spectrum News’ initial story prompted outrage among HISD community members and state lawmakers, who called for an investigation into Miles’ spending practices and an audit of the charter school network, including its financial dealings and potential noncompliance with state laws.

    In a 29-page report, the TEA said it was closing its investigation after concluding that the charter network and the three districts had not broken any laws. It also found the allegations in Spectrum News’s report — as well as a separate story by the Texas Observer — were either not applicable to the network’s partnerships, could not be substantiated or were proven to be false.

    “TEA concludes that there is no merit to the allegations contained in the media reports that state funds were being inappropriately diverted from public school students in Texas,” David Rodriguez, the executive director of the TEA’s division of investigations, said in a letter Tuesday to the board president and superintendent of Third Future Schools Texas.

    […]

    The report found that Third Future Schools Texas has an agreement to pay Third Future Schools in Colorado for support and administrative services, but it did not find any evidence that indicates that Third Future Schools Texas had directly deposited any funds from the three Texas school districts into the bank accounts of TFS.

    “Under Texas law, TEA does not have authority over what TFS does with the funds it is paid by Third Future Schools – Texas for administrative fees or shared services, just as the agency cannot broadly require any other school district vendor to identify how they expend their funds once the vendor has been paid for services provided,” the report said.

    The Observer reported, based on expert analysis, that “disclosure of pre-existing business deals for administrative expenses are generally required under state law for Texas charter schools.” However, the TEA said the portion of state law that applies to Third Future Schools does not contain any mandatory reporting requirements.

    The TEA’s report also found that Third Future Schools Texas continuously maintained bank accounts while operating schools in the three districts, and there was no evidence to support the allegation that TFS had transferred funds that were not for approved expenses in the partnership budgets.

    See here for previous blogging, and there’s a copy of the report in the story. I don’t know enough to say if this is one of those “the real problem is with what is legal” situations, but the fact is that the TEA says that what Miles and TFS did was legal. That’s what you would want, so good for them. I’d like to hear from Spectrum News and the Observer about where their reporting went wrong, or if they stand by their stories and dispute what the TEA says. I’ll keep an eye out for that. The Trib and the Press have more.

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    Endorsement watch: Don’t Paxton the CCA

    A good message.

    Still a crook any way you look

    Before this year, even reasonably well-informed Texans didn’t know much about the state’s Court of Criminal Appeals. Then Attorney General Ken Paxton took a keen interest in ousting several of the court’s justices.

    Suddenly, many voters knew the names Sharon Keller, Barbara Hervey and Michelle Slaughter, three of the court’s nine Republican justices whose terms end this year. The three are staunch conservatives, frequently issuing rulings that hew closely to originalist interpretations of the state Constitution, as they did in ruling against Paxton three years ago. In that 8-1 decision, they ruled that the Constitution doesn’t allow Paxton to unilaterally pursue a voter fraud case without cooperating with local district or county attorneys.

    Paxton (who also happens to have had key questions in the criminal proceedings against him wind their way to the CCA) went shopping for at least two candidates to challenge the incumbent justices, whom he claimed had “abandoned their conservative roots.” A third, David Schenck, insists Paxton didn’t recruit him, although a political action committee formed by Paxton allies endorsed him. All three challengers defeated the incumbents in the primary election, setting themselves up nicely for the general election in a state where a Democrat hasn’t won a statewide race in 30 years.

    Judicial independence should be sacred, and the CCA is a high-stakes court. As the venue of last resort for all criminal matters, it routinely deals with matters of life and death, reviewing every case that results in a death penalty. Allowing the state’s top law enforcement officer to pack the court with cronies would undermine the court’s independence and trustworthiness. The public should always have faith that judges are applying the law fairly and ethically, immune from political influence no matter what party they belong to. We weighed this heavily in considering our endorsements for this crucial bench.

    See here and here for some background. The Chron ultimately endorsed the Republican Schenck in Place 1 and Democrats Nancy Mulder and Chika Anyiam in Places 8 and 9, respectively. Schenck, whose Democratic opponent is Holly Taylor, was deemed sufficiently independent by the Chron while the other two Republicans were underqualified and completely in the bag for Paxton. The Supreme Court always gets the lion’s share of the attention around here, but these CCA races are really important too. Tell your friends.

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    Judicial Q&A: Judge Fredericka Phillips

    (Note: As I have done in past elections, I am continuing the series of Q&As for judicial candidates in contested November elections. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic candidates who are on the ballot in Harris County, including links to the interviews and judicial Q&As done for March and for November, can be found on Erik Manning’s spreadsheet.

    Judge Fredericka Phillips

    1. Who are you and in which court do you preside?

    My name is Fredericka Phillips and I am the current judge of the 61st District Court. I was elected in 2016 and begin my first term on January 1, 2017. I am seeking re-election for my 3rd term. Prior to being elected judge, I was a civil lawyer for 17 years practicing in state and federal courts across the nation.

    2. What kind of cases does this court hear?

    The 61st District Court is a civil court. As such we only hear civil matters. Civil cases are disputes typically involving money or property. Examples of the types of cases are personal injury cases such as in car accidents, premises liability (like slip and falls)cases, medical malpractice, property disputes such as foreclosures and title disputes, contract cases including business disputes and trade secret litigation, construction contracts, and more.

    3. What have been your main accomplishments during your time on this bench?

    I have presided over this court in a fair and impartial manner and treat all coming before my court with dignity and respect. I have also managed the caseload in an efficient manner such that my court is consistently at the top of the list in case load management.

    4. What do you hope to accomplish in your courtroom going forward?

    I will continue being a fair and impartial judge who moves cases along in an efficient manner.

    5. Why is this race important?

    Judges play a huge role in interpreting and applying law to your everyday lives when resolving disputes. Having judges who are fair and who apply the law based on the facts of the case equally and fairly is essential to the proper functioning of the justice system. We’ve unfortunately seen what happens when judges follow a political agenda instead of the law.

    6. Why should people vote for you in November?

    As I said already, during my almost 8 years on the bench I have demonstrated that I can and will handle the court’s docket in a fair and efficient manner. Parties coming to my court know that they will be treated with respect and treated fairly. They also know that their time won’t be wasted waiting on a ruling. I have proven myself to be a judge who reads all of the filings of the parties, and who fairly applies the law to the facts in each case in making timely and impartial decisions.

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    Fifth Circuit pauses vote harvesting injunction

    Here they come to do what they do.

    A federal appeals court has temporarily reinstated portions of Texas’ 2021 voting law regulating ballot handling, ruling that a judge’s previous decision to strike certain rules came too close to the 2024 election.

    The ruling, issued by a three-judge panel of the U.S. Fifth Circuit Court of Appeals, means the provisions aimed at preventing “vote harvesting” will stay in effect through at least Nov. 5, and that Texas Attorney General Ken Paxton is cleared to investigate into the practice.

    Judge James Ho, who authored the decision, wrote that the state law in question had “been on the books for over three years” when U.S. District Judge Xavier Rodriguez struck down the provisions for being overly vague. Rodriguez’s decision came after some counties had already mailed out absentee ballots, Ho noted.

    See here for the background. This only affects the first ruling relating to the big lawsuit against the omnibus voter suppression law, it does not touch the more recent ruling that blocked other parts of it. I assume there’s an appeal filed for that as well, but it took two weeks for a ruling on this one, so if we’re on a similar timeline then a similar ruling would have a modest effect. I’ll keep an eye out for it.

    Posted in Legal matters | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Fifth Circuit pauses vote harvesting injunction

    The South Texas Congressional races

    Feels like I’ve heard less about them this year than in 2022, but as the story notes, the Dems are on offense this time.

    Michelle Vallejo

    It’s déjà vu in South Texas.

    Texas’ two most competitive congressional races will feature rematches from 2022, when Republicans spent millions to make inroads in the majority Hispanic, historically Democratic stronghold. It’s the same cast of candidates facing off against each other as last election cycle in both the 15th and 34th Congressional Districts, but several factors may shake things up this November.

    The presidential and U.S. Senate races at the top of the ticket are infusing new zeal that has trickled down into greater resources for Democrats in U.S. House races. Meanwhile, indications of growing GOP support among Hispanic voters in the region continue to fuel Republican hope.

    Democrat Michelle Vallejo is making another run for the 15th Congressional District against freshman Republican Rep. Monica De La Cruz. The race was the most competitive in Texas last cycle, and Republican leadership viewed De La Cruz’s victory as a watershed moment in GOP outreach to Hispanic voters. De La Cruz is the first Republican ever to represent the district, which runs from Guadalupe County down to the Mexican border near McAllen.

    Meanwhile, Republican former U.S. Rep. Mayra Flores will be challenging Democratic Rep. Vicente Gonzalez in the neighboring 34th District to regain her old seat. Gonzalez unseated Flores in 2022 after he had served three terms in the neighboring 15th district. He switched districts after the 15th district was redrawn to be more favorable to Republicans, making way for De La Cruz’s win. Flores represented the district for a few months in 2022 after it was prematurely vacated by U.S. Rep. Filemon Vela, a Democrat. The district runs from the Mexican border on the Gulf of Mexico to just south of Corpus Christi.

    In 2022, Republicans were on the offense and Democrats were on defense.

    It was a midterm election during President Joe Biden’s first years in office — a recipe for Democratic losses. Republicans, meanwhile, were eager to prove they could break new ground among Hispanic voters.

    “We had a more difficult political environment in ‘22 and that affected a lot of a lot of folks around the country without regard to their own standing or their own record,” said Cameron County Democratic Party Chair Jared Hockema.

    Republicans put up millions behind their three candidates in South Texas that year, branding them the “Triple Threat” or the “Trio Grande.” In addition to De La Cruz and Flores, Republicans were also throwing their support behind Cassy Garcia in her challenge against Democratic Rep. Henry Cuellar in neighboring Congressional District 28, anchored by Laredo. The three young, conservative Hispanic women were cast as the new faces of representation in the region, which had long been dominated by middle-aged Democratic men.

    Nationally, Republicans under-performed that year, despite winning a slim majority in the U.S. House. In Texas, Gonzalez beat Flores by over 8 percentage points. Cuellar trounced Garcia by over 13 percentage points — so much so that Republicans nationally opted against investing in the race this year, even after Cuellar was indicted on bribery, money laundering and working for another government.

    […]

    This year, the tables have turned and Democrats have wind at their backs.

    Democrats have an extra boost from the top of the ticket. They have consistently outraised Republicans this year, and Vice President Kamala Harris’ ascension to the top of the Democratic ticket injected fresh enthusiasm and cash.

    “Without a doubt, Kamala has brought some excitement in, especially in young women, but also just young people in general,” Gonzalez said, adding that the campaign is fielding hundreds of requests to volunteer and block walk for Democrats. “We never had that type of excitement down here in the Rio Grande Valley in my eight years in Congress.”

    […]

    The House Majority PAC, a super PAC connected to House Democratic leadership, reserved over $2 million for ads in South Texas. It launched two ads in the region supporting Vallejo in English and Spanish after a poll the group commissioned found her within 3 percentage points behind De La Cruz.

    That’s in contrast to last cycle when House Majority PAC pulled its reservations from Vallejo’s race, angering Texas Democrats who felt the state was once again getting overlooked by the bigwigs in Washington. Vallejo lost in 2022 by over 8 percentage points. The DCCC also declined to air any ads for Vallejo that year, though they funded staffing in the district.

    This time, DCCC said it is staying faithful to Vallejo.

    “Michelle Vallejo is one of our Red to Blue candidates, working hard. Those are all districts that we think we can flip,” DCCC Chair Suzan DelBene said. “So we are working hard in all of those.”

    In the 34th district, Gonzalez is also optimistic that he’ll keep his seat. House Majority PAC included him in its ad buy, releasing an ad attacking Flores as an extremist. His seat is considered safer for Democrats, with the district voting for President Joe Biden in 2020 by over 15 percentage points. He also is no longer a new commodity in the 34th district.

    “The difference is now the new section of the district that I had never represented before has gotten to know me,” Gonzalez said. “We brought billions of dollars of federal resources to a lot of different projects along district 34. I’ve built a lot of personal relationships that we didn’t have before coming into the district.”

    Both Democrats can also benefit from Texas Offense, Texas Democrats’ first coordinated campaign in decades led by Rep. Colin Allred’s Senate run. The initiative allows Democrats up and down the ballot to share resources to maximize efficiency. Allred, whose mother is originally from Brownsville, has campaigned in the Rio Grande Valley with both Vallejo and Gonzalez.

    “Texas Offense has invested six figures into our mission of electing South Texas Democrats up and down the ballot,” said Monique Alcala, executive director of the Texas Democratic Party. “We’re in the field, block walking, phone banking and laser focused on connecting with as many voters as possible to secure victory in November.”

    Despite Rep. Cuellar’s legal troubles, the Republicans aren’t seriously contesting his seat, so I’m going to ignore that one. Hard to run against a guy you would like to accuse of being crooked when your Presidential candidate is a 34-time felon with multiple other counts against him pending. Such is life.

    For the record, CD15 went 50.9 to 48.1 for Trump over Biden in 2020, while Biden carried CD34 by over 15 points. In 2022, Abbott beat Beto by six points in CD15 and lost to him by 13 points in CD34. To be blunt, I’m not worried about CD34.

    As far as this year goes, as noted Vallejo and Gonzalez are strong fundraisers, with assistance this year from the national Dems for Vallejo and the extra benefit of the coordinated campaign, and yes I still have to slap myself to remember that this is a thing we are doing, this year. I think if Harris and Allred can outperform Biden that boosts Vallejo, but de la Cruz ought to get some benefit from being the incumbent. How much the abortion issue plays a factor is a question I can’t answer. I’d say CD15 is lean Republican, perhaps on the line between that and tossup, but de la Cruz is a slight favorite.

    Posted in Election 2024 | Tagged , , , , , , , , , , , , , , , , , , , , , , | Comments Off on The South Texas Congressional races

    Texas blog roundup for the week of October 14

    The thoughts and prayers of the Texas Progressive Alliance are with the people of Florida as we bring you this week’s roundup.

    Continue reading

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    Interview with Kristin Hook

    Kristin Hook

    I said on Monday that I had reached out to the campaign of Dr. Kristin Hook in CD21 for an interview but hadn’t heard back. As fortune would have it, I got a reply from her later that morning, and so today I’ve got that interview for you. Kristin Hook is a native of Corpus Christi, a graduate of UT-Austin who became the first member of her family to get a doctorate. She spent three years teaching middle school science in New York as part of Teach for America, and did a post-graduate stint in the federal government, working for Sen. Elizabeth Warren, for the National Institutes of Health, and the Government Accountability Office. She’s raised a decent amount of money in this red district and is running hard against the incumbent, the truly awful Rep. Chip Roy. Here’s what we talked about:

    I still just have the one more interview to go at this point, with Sheriff Ed Gonzalez, that will run next week. As with this interview, if that changes, I’ll run those interviews at the first opportunity. I’ve got more judicial Q&As to run as well. As always, please give me your feedback.

    PREVIOUSLY:

    Erica Lee Carter, CD18 special election
    Sylvester Turner, CD18 general election
    Lindsay London, Amarillo Reproductive Freedom Alliance
    Plácido Gómez and Dani Hernandez, for the HISD bond
    Ruth Kravetz of CVPE, against the HISD bond.
    Katie Shumway, League of Women Voters Houston
    Teneshia Hudspeth, Harris County Clerk
    Katherine Culbert, Texas Railroad Commission
    Rhonda Hart, CD14
    Laurel Swift, HD121

    Posted in Election 2024 | Tagged , , , , , | 3 Comments

    UH-Hobby Center: Cruz 50, Allred 46

    Just checking in.

    Colin Allred

    The Texas Senate race remains close just a week out from early voting, with U.S. Sen. Ted Cruz up 4 percentage points over U.S. Rep. Colin Allred, according to a new statewide poll.

    The Hobby School of Public Affairs at the University of Houston survey found nearly enough voters remained undecided to make up the 51-46 difference in the Senate race, with 3% saying they still had not made up their mind between the two-term Republican senator and Dallas Democrat challenging him.

    […]

    The Hobby poll comes as the Senate Leadership Fund, the GOP super PAC working to flip control of the chamber, found Cruz led Allred by just 1 point, according to an internal memo obtained by Politico.

    The top of the ticket was close, as well, with former President Donald Trump holding a 5 percentage point lead over Vice President Kamala Harris, 51-46. Just 2% remained undecided in the presidential race.

    The Chron’s reporting of the race as 51-46 for Cruz is a typo – the Hobby Center landing page, their media release for the poll, and their full polling memo all have it at 50-46. These things happen.

    A few points to note:

    – Allred is tied with Kamala Harris, while Cruz is a point behind Trump. That’s a bit of a deviation from most other polls in which Allred has run ahead of Harris and Cruz behind Trump. This is one data point and it’s not that much of a deviation. I’m just making an observation.

    – This poll has Trump a point ahead of Harris with Latino voters, and Allred up by three over Cruz with Latino voters. A brief check of FiveThirtyEight suggests that this is not far out of line with other recent poll results. It is quite a bit out of line with the two polls we have seen that have focused specifically on Latino voters in Texas. I’m going to say what I was saying in 2020, which is that at least one of these is wrong. We’ll see who is closer to the mark.

    – On the flip side of that, the UH-Hobby poll has Harris getting 38% of white voters, with Trump getting 60%; the same margin exists in the Allred-Cruz race. That as much as anything explains why this polling is tighter than polling we had seen in the past. A lot of the links for past polling that I have are now broken, but here are two that still work:

    YouGov, October 31-November 3, 2012: Among white voters, Mitt Romney leads Barack Obama by a margin of 70-25 (page 2).

    CBS News, October 23, 2016: Among white voters, Donald Trump leads Hillary Clinton by a margin of 63-26 (page 18 of 71).

    For many good reasons, lots of attention has been paid to trends in Latino voting in Texas and elsewhere. But as I have said, you can’t explain the big steps forward that Texas Democrats have made since 2016 without noting that a lot of people who used to vote Republican are now voting Democratic, and that necessarily means that a lot of white people who used to vote Republican are now voting Democratic. As with my observation above about the Latino poll numbers, the same is true for white voters, as Harris is getting between 34 and 38 percent in the latest polls listed. If she can get to 40%, I think she can win in Texas. Easier said than done, to be sure. But it’s a lot less crazy to contemplate now than it was not that long ago.

    – I assume we’ll see some more polls by Texas pollsters soon. I’m hopeful we’ll also see a decent poll of the HISD bond referendum. Show me the results, UH-Hobby Center.

    – In re: the Republican concern about the Allred-Cruz race, enjoy the worrying and the whining. It may ultimately come to nothing, but it’s fun while it lasts.

    Posted in Election 2024 | Tagged , , , , , , , , , , , , , , , | 3 Comments

    Endorsement watch: The Chron gets on the “no trust, no bond” train

    Wow.

    The students of HISD shouldn’t have to worry if traces of lead are seeping into the water, past the district’s jerry-rigged mitigation efforts. Or whether a troubled individual with a semi-automatic can slip past a lack of fencing and secure entry vestibules at hundreds of campuses.

    We, the taxpayers who fund the state’s largest school district, should be willing to invest our hard-earned money to fix these things, and to build others — including more Pre-K classrooms and career and technology centers — for our young scholars who will someday become Houston’s workers and artists and parents and community organizers and political leaders.

    We should pay it forward the way past generations did for us. In normal times, that’s how public education is supposed to work.

    But these aren’t normal times. Voters are being asked to approve a $4.4 billion bond for HISD on the November ballot at a time when our school district is under state control, led by a state-appointed board of managers that replaced our democratically elected trustees and by a state-appointed superintendent who is wholly unaccountable to the community he serves.

    From the beginning, this editorial board made it clear that, if the takeover had to happen, we wanted Superintendent Mike Miles to succeed. Kids’ futures at chronically failing campuses depended on it. We also implored Miles to build trust among teachers, parents and the general community.

    At almost every turn, he failed to build that trust.

    His conversion of libraries into study hall/detention centers was almost Dickensian in its austerity — and especially bad optics at a time when some Texas political leaders were vilifying librarians and banning books across the state.

    Despite hopeful bumps in test scores last year, HISD is hemorrhaging students and staff, including veteran teachers and principals at higher-performing schools who’ve been abruptly fired or pushed out. Miles didn’t just fail to get teacher and parent buy-in on curriculum and scheduling changes, he often antagonized critics and dismissed their concerns as “whining” or “noise.”

    The scope of the state takeover seems ever-oozing, with Miles’ rigid New Education System model now in 130 schools and essentially reaching every campus, since even non-NES principals are evaluated on how well their teachers perform Miles’ preferred teaching methods. (Think daily quizzes, timers and multiple response strategies.) He seems bent on fixing what isn’t broken, which isn’t only a waste of limited resources, it’s potentially harmful if attempts to bring up the floor at low-performing campuses leave the ceilings sagging at higher-performing schools.

    At times, Miles has misled or reneged on promises, backtracking on some teacher bonuses, vowing no school closures and then unveiling a plan not to close but to “co-locate” 15 schools, preaching teacher effectiveness and then allowing 1 in every 5 HISD teachers to be uncertified.

    The “high quality” curriculum Miles touted as the cornerstone of his HISD reforms was actually written in real time, included worksheets with stilted passages and flat-out errors, according to teachers. It became clear in our recent meeting with Miles that he didn’t know the name — “Prof Jim Inc.” — of the Artificial Intelligence software writing some of it.

    From the get-go, Miles has been dogged by sloppy implementation, tone deaf communication and basic logistics flubs. It took weeks to get bus riders to school on time and the district is currently clawing back erroneous overpayments to some 4,000 teachers.

    […]

    Our gut is to support kids, including the ones at HISD campuses that our own kids attend. HISD hasn’t floated a bond focused on elementary schools since 2007 and frankly, we’ve gone back and forth on this decision. We’ve watched as groups take sides: organized labor including the Houston Federation of Teachers, and both Democratic and Republican parties are against. The Greater Houston Partnership, Houston Food Bank and Children at Risk are among the supporters.

    We were struck by a group of moms we met with, including early Miles allies, who explained why they couldn’t vote for the bond. One, whose child attends NES school Crockett Elementary, brought us a stack of worksheets, including those she says her son is forced to do in study hall after typically mastering class lessons early.

    Another HISD parent, Tish Ochoa, said, “Many of us were appointed by the board of managers or by Miles” and “came into that room saying, ‘We do support you and we want this to succeed and we want to collaborate with you.’” But they felt that when they asked in-depth questions, they weren’t answered, and their public information requests were “held up and held up.”

    As for us, when we studied the facts provided, scrubbed the plans, reviewed the history and talked with parents, teachers, elected officials and others who feel passionately on both sides, one question persisted:

    If taxpayers give the Miles administration the power to spend $4.4 billion of our money — nearly $9 billion with interest over some 30 years — what power do we have to make sure it’s spent properly?

    Answer: practically none.

    That’s a long quote, but I assure you, the full editorial is a lot longer. They did not spare any words. I remain unconvinced that anything will make Mike Miles think he’s not on the right path and ought to consider changing how he operates, but I understand why people see this as their best way of trying to do that anyway.

    I will refer you once again to my interviews with Plácido Gómez and Dani Hernandez for the HISD bond, and Ruth Kravetz of CVPE against the HISD bond. If you’re tired of me shilling for my own interviews on this topic, listen to Tuesday’s CityCast Houston, which features a debate between former HISD Trustee Judith Cruz, who is the co-chair of the bond’s community advisory committee, and HISD parent Traci Riley. One minor quibble: Cruz said at one point in regard to a question about the bond’s timing that the Board has preferred to have these elections during high turnout years. That would be true for 2012 and 2002, but very much not true for 2007, which was the lowest turnout election of this century until we started having odd years with no city of Houston activity. Not a big deal in the grand scheme of things but it was a record-scratch moment for me when I heard it, so I had to mention it here.

    Posted in Election 2024 | Tagged , , , , , , , , , | 2 Comments

    Judicial Q&A: Justice Meg Poissant

    (Note: As I have done in past elections, I am continuing the series of Q&As for judicial candidates in contested November elections. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic candidates who are on the ballot in Harris County, including links to the interviews and judicial Q&As done for March and for November, can be found on Erik Manning’s spreadsheet.

    Justice Meg Poissant

    1. Who are you and in which court do you preside?

    My name is Margaret “Meg” Poissant, and I am a Justice on the 14th Court of Appeals, Place 8.

    2. What kind of cases does this court hear?

    Our court reviews both civil and criminal appeals — except for post-conviction writs of habeas corpus and death-penalty cases — in a 10-county region. The region includes Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller, and Washington counties.

    3. What have been your main accomplishments during your time on this bench?

    Our court has met the standards provided by the legislature for the number of cases issued since being elected to the Court of Appeals in 2018. I understand the importance of a swift and fair resolution of appeals and am always aware of the importance of a well-reasoned and timely opinion, and if re-elected, will continue to adhere to these practices. During my tenure, I have made important decisions regarding parental terminations and premises liability cases, and have issued opinions in cases of first impression. I serve as chair of the Appellate Representation Committee for the Child Protection Section of the State Bar of Texas, which seeks to improve the quality and accessibility to the public of appellate counsel, served as a member of TDIC’s legislative work group, contributed to and am a member of the National Association of Women Judges diversity, equality, and inclusion committee, am a sustaining member of the Texas Bar Foundation and a Houston Bar Association Fellow, and a member of TACTAS, which advances the standards of the legal profession in civil and appellate law. I mentor young lawyers and participate in our Rice and law school intern programs.

    4. What do you hope to accomplish in your courtroom going forward?

    The Court of Appeals has an accessible and transparent court process for all, which includes our court website with information for lawyers and pro bono appellants, and the accessibility of all oral arguments on YouTube. However, access can still be improved. Enhancing legal aid resources, supporting pro-bono initiatives, mentoring new attorneys and those who want to enter the legal profession, and ensuring our courts are user-friendly, especially for those without legal representation, are continuous goals. We must also focus on outreach and education to ensure the justice system is accessible and equitable for all.

    5. Why is this race important?

    The Court of Appeals is often the last opportunity for parties to obtain justice or reverse a decision that is unjust or wrongly decided in a lower court. We hear appeals from ten counties; our decision is often the final decision in regard to anyone seeking fairness and equity because the Texas Supreme Court and the Court of Criminal appeals hear a limited number of cases.

    6. Why should people vote for you in November?

    I have served on the appellate bench for almost 6 years. Prior to my tenure as an appellate Justice, I practiced law for more than 30 years representing clients on both sides of the docket in civil law and criminal defense, in all areas of the law. Appellate justices decide appeals in all areas of the law, which makes me uniquely suited for this position. I believe public service is essential to maintaining a fair justice system, and I will always be committed to ensuring Texans receive equal justice.

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    Paxton lawsuit against Travis County over voter registration returned to state court

    Is this even still germane?

    Still the only voter ID anyone should need

    A federal court on Thursday returned a lawsuit to state court that Texas Attorney General Ken Paxton had filed against Travis County over an effort to register voters before the November election.

    The federal court found that it did not have jurisdiction over the issue, as Travis County officials had argued, and it granted Paxton’s request that the lawsuit be returned to state court.

    The decision is the latest development in a bitter pre-election brawl between Republican state officials and Democratic county leaders. Republican leaders have maintained that they are trying to keep the state’s voter rolls secure ahead of a charged election, while Democrats, county officials and nonprofit groups have accused them of stoking baseless fears to suppress Democratic votes and to cast doubt on the election results.

    Here’s what you need to know.

    The background: In a bid to boost voter registrations, Travis County commissioners hired Civic Government Solutions in August to identify eligible voters living in the county who were not registered to vote. Travis County, a Democratic stronghold, includes Austin.

    Paxton sued Travis County officials on Sept. 5, arguing that the effort violated state law and claiming that it would register non-citizens who are ineligible to vote. He sought an emergency order to block the effort. The Travis County Court denied his request on Sept. 16.

    The next day, Travis County officials moved the suit to federal court, arguing that the voter outreach program was protected by the federal National Voter Registration Act, and that Paxton’s attempt to stop it was a violation of that law. County officials also sued Paxton for the same reason in a separate lawsuit in federal court.

    Thursday’s decision said that the National Voter Registration Act was meant to be applied in tandem with state law, and that Travis County officials failed to show that the issue fell under the federal court’s jurisdiction.

    […]

    In a separate, federal lawsuit filed on Sept. 17, Travis County officials accused Paxton and Texas Secretary of State Jane Nelson of violating the federal Voting Rights Act by trying to prevent them from carrying out their duty to promote people’s right to vote. They accused Nelson of doing nothing to stop Paxton’s alleged conduct, and they argued that federal law not only allows them to send out the voter registration applications, but encourages them to do so.

    See here and here for the background. As we know, Paxton had filed a similar lawsuit against Bexar County but lost on an own goal when his office took so long filing the paperwork that Bexar County had already gone ahead with the registration forms by then, thus mooting the lawsuit. We’re past the voting registration deadline, so I’m not sure what is actually at stake here. I didn’t see any other stories in a Google news search, so this is all I know. Any lawyers who’d care to comment on that, I welcome your input.

    Posted in Legal matters | Tagged , , , , , , , , , , | 2 Comments

    New Sports Authority CEO

    Not sure what to make of this.

    The Harris County-Houston Sports Authority on Friday fired CEO Janis Burke after 18 years with the organization, a high-profile termination that came hours after Mayor John Whitmire and Houston’s sports executives gathered at City Hall calling for new leadership at the agency.

    The board authorized Burke to begin negotiating a settlement with its Houston law firm. The board also voted to let board chair J. Kent Friedman appoint a temporary CEO, though they did not name Burke’s replacement.

    In a statement, the board thanked Burke for her “exceptional and groundbreaking” run as CEO.

    “Over her time, she has worked diligently and tirelessly not just to improve our world-class facilities but to make Houston and Harris County destinations for a wide range of marquee and international sporting events, creating over $2 billion of economic activity for this community,” Friedman wrote. “Her efforts have elevated the state of our region to heights it has never been in the sports industry.”

    Whitmire said in recent months, leaders of multiple Houston sports franchises as well as city and county government officials approached him and expressed frustration at the sports authority’s lack of transparency and communication. The mayor said the timing was imperative amid Houston’s preparations to host seven games of the 2026 FIFA World Cup.

    “We want to show our people and our energy, our diversity, and how great a city we are, but we can only do that if we get the sports authority single focused on working with these organizations and FIFA,” Whitmire said. “I’m not trying to point the blame to anyone. I’m just saying, we have an opportunity to right the ship.”

    While Whitmire addressed aging facilities, there were no details given on what communication issues had led to the call for change in leadership.

    Burke, who attended Friday’s meeting, defended her tenure after the board voted unanimously to part ways.

    “From my perspective, we’ve always been an open book and collaborated wherever possible, so those comments came as a bit of a surprise,” Burke said via text message on Saturday. “Our office was always happy to share anything asked for as long as we had it. … With that said, I’ve had a great run and will always be grateful for the 18 wonderful years I’ve enjoyed at the Sports Authority.”

    Among the individuals who stood behind Whitmire on Friday were: Gretchen Sheirr, Houston Rockets president of business operations; Jess O’Neill, Houston Dynamo & Dash president of business operations; Anita Sehgal, Houston Astros senior vice president of marketing and communications; Ryan Walsh, CEO of the Harris County Sports & Convention Corporation, which manages NRG Park; and Council Member Twila Carter, who formerly served as the executive director of the Astros Foundation.

    […]

    “I want to thank the sports authority administrators for their public service, but we come together today to say we can do better. We must do better,” Whitmire said before Burke’s firing. “We have to get ready all hands on deck for the World Cup, and in the meantime, we will address the concerns of these individual franchises, not to mention the rodeo. Rodeo has been talking to me for months. We have to do better with our facilities. They’re outdated, outgrown. We’re having difficulty dealing with the sports authority and open lines of communication.”

    Commissioner Adrian Garcia, who also attended Friday’s news conference, said that it was time for a fresh face at the organization.

    “It’s absolutely imperative that we have new leadership at the sports authority,” he said.

    Chris Canetti, president of the Houston World Cup committee, said at an event held earlier Friday morning that he does not believe the potential changes at the sports authority will affect preparations for the World Cup.

    “I expect everything to be status quo,” Canetti said. “I’m leading the host committee and have been doing that over the course of the last six years now, almost. So I anticipate things moving forward in the same exact way that we’ve been doing. And we’ve been doing great work and making a lot of progress. So we’re on a good path right now.”

    Mayor Whitmire has made a lot of changes to agency heads and the like, and for the most part I haven’t commented on them. Like the choices or not, this is normal business for a new mayor, and there’s not much to say. In this case, I’m genuinely curious what caused all of those stakeholders to support the change. It could be that there were real problems, and it could be that they just wanted someone who was, shall we say, more solicitous to their interests. If this is just about making a change from a longtime person in charge, I have to agree with Campos that the same logic could be applied to board chair Kent Friedman as well. Maybe in the way of “you fire the coach because you can’t fire the whole team” it was just easier to can the CEO. I dunno, but as I said, I’m curious. I hope that there’s some chatter about this now so perhaps the real story, if there is one other than “Whitmire just felt like it”, comes out.

    Later on Monday, we got this.

    The Harris-County Houston Sports Authority has named Chris Canetti to be its interim CEO, the organization announced Monday.

    The announcement comes days after the agency’s board of directors unanimously fired longtime CEO Janis Burke, who had come under fire by the city’s sports executives and Mayor John Whitmire for concerns over transparency and facility maintenance.

    Canetti currently serves as president of the city’s FIFA World Cup 26 host committee, and will hold the position as he takes over the sports authority in the interim. Canetti was also president of the city’s World Cup bid committee and was president of the Houston Dynamo for eight years.

    “Chris has a proven track record of success here in Houston,” board chair J. Kent Friedman wrote in a statement. “We know that with his experience he will help guide the organization and ensure that all obligations and responsibilities are met during this period of transition.”

    I suppose given what’s on the local sports calendar for the next two years this makes sense. I have no quibble with it. I just remain curious about what really happened.

    Posted in Local politics, Other sports | Tagged , , , , , , , , , , , , , , , , | Comments Off on New Sports Authority CEO

    Interview with Laurel Swift

    Laurel Swift

    We know that in our post-redistricting world there aren’t many legislative districts that are truly competitive, but sometimes opportunities arise where you hadn’t expected them. HD121, the San Antonio district that was once represented by Speaker Joe Straus, is nominally a very purple place (50.4 to 48.1 for Trump over Biden in 2020) but it was represented by the Straus-like Rep. Steve Allison, who ran ahead of the baseline numbers. But this year Allison was ousted by a wingnut in Greg Abbott’s crusade against anti-voucher Republicans, and that changed the calculus and put this district on the map. Laurel Jordan Swift is the Democrat who aims to flip it. Swift is a San Antonio native and mother of five who got a bachelor’s in biology from UTSA and now works as a medical device salesperson. She’s been a strong fundraiser and has been endorsed by the Express News and outgoing Rep. Allison himself. Here’s the interview:

    I’ve just got one more interview to go at this point, with Sheriff Ed Gonzalez; it will run next week. I’ve reached out to some other legislative candidates but haven’t been able to get anything scheduled as yet. If that changes, I’ll run those interviews at the first opportunity. I’ve got more judicial Q&As to run as well. As always, please give me your feedback.

    PREVIOUSLY:

    Erica Lee Carter, CD18 special election
    Sylvester Turner, CD18 general election
    Lindsay London, Amarillo Reproductive Freedom Alliance
    Plácido Gómez and Dani Hernandez, for the HISD bond
    Ruth Kravetz of CVPE, against the HISD bond.
    Katie Shumway, League of Women Voters Houston
    Teneshia Hudspeth, Harris County Clerk
    Katherine Culbert, Texas Railroad Commission
    Rhonda Hart, CD14

    Posted in Election 2024 | Tagged , , , , , | 1 Comment

    On longshot candidates

    The Chron looks at candidates running in districts they are highly unlikely to win. I have a few thoughts.

    Kristin Hook

    In the 2022 election, a Houston Chronicle analysis found only about 5% of Texans lived in districts with competitive races for the U.S. House, Texas House or Texas Senate that were decided by a margin of seven percentage points or less.

    Before the latest round of redistricting, 20 of the state’s 150 state House seats were competitive, the analysis found. After the maps changed, there are now only three. None of the state’s 38 congressional races are now considered competitive and just one state Senate race was close in 2022.

    Election experts say that Texas’ political maps, especially the Congressional districts, are among the most gerrymandered in the nation. And it means most of the state and federal races on the ballot in Texas offer voters a choice only on paper.

    The lack of competition can make it a tough sell to get candidates to run in districts where they face such long odds; campaigns are hard work, involving long hours and sometimes awkward solicitations for money or support.

    […]

    Kristin Hook, a Democrat running in the Hill County, is counting on the district’s booming population to lean left, as people move there from Austin and San Antonio because of rising housing costs.

    She block walks every week night for up to four hours in the district she’s hoping to win over from U.S. Rep. Chip Roy, a second-term Republican.

    On a cloudy September evening, Hook knocked on doors at a tidy garden-style apartment complex in San Antonio’s Alamo Heights. She started each conversation by asking: “What issues matter most to you this election year?”

    “Probably abortion for sure, that’s the one I’m worried about,” said Rylie Williams, 21. Williams was on FaceTime with her mom when she met Hook; her mom chimed in, yelling “Vote Democrat!” through the phone speaker.

    “I’m your daughter’s future congresswoman and I’m here to restore our reproductive rights,” Hook says. “I’m actually a reproductive biologist.”

    Hook, who has a Ph.D. in animal science and worked for U.S. Sen. Elizabeth Warren and at the National Institutes of Health in D.C., moved back to Texas a few months before the fall of Roe vs. Wade.

    At a protest at the state Capitol, Hook bumped into Cecile Richards, the former president of Planned Parenthood, who thanked her for moving back to Texas. “So I thought, how can I be of help?” Hook recalled.

    She faces long odds against Roy, a conservative known for his hardline stance on reducing federal spending and securing the border. In 2020, former state senator and Democratic gubernatorial candidate Wendy Davis raised $13 million in her campaign against Roy and lost by nearly 7 points. Two years later, after redistricting , Roy’s Democratic challenger lost by more than 25 points.

    So far, Hook has raised only $355,000 to Roy’s $2.2 million. Roy didn’t respond to an interview request.

    “I know that the odds are stacked against me,” Hook said. “But I also know that our district has changed a lot.”

    Hook’s campaign haul so far is actually pretty impressive, regardless of how it stacks up to Roy’s amassed cash. CD21 is not going to flip, but she has the resources to run a legitimate campaign and generate some turnout, perhaps doing well enough to put CD21 on the map for 2026 or 2028. I sent an email to her campaign to ask for an interview, but haven’t heard back.

    There is an objective reason to want to have candidates like Hook in other districts. Mother Jones spells it out.

    Last May, Cathy Kott, a resident of rural north Georgia, received a text from an unknown number. “We’re looking for Democrats who would be willing to run against State Representative Jason Ridley,” the message read. “If you’re interested or know anybody who is, call me.”

    The sender was Bob Herndon, a longtime political operative in Georgia. Herndon had been involved in recruiting Democrats to run for office for years—efforts he says were often chaotic and generally too little, too late.

    Herndon decided to do something about it after the 2020 elections, when President Joe Biden won Georgia by the slimmest of margins and the state sent two Democratic senators to Washington—and Herndon realized that Democrats running unwinnable local races could help the party in higher-profile contests. It’s a theory called ‘reverse coattails’—rather than the top of the ticket driving turnout, local races help bring voters to the polls, to the benefit of the presidential nominee or statewide candidates.

    There’s data to back up the strategy. Run for Something, a national organization which supports grassroots progressive candidates, analyzed precinct-level election returns in eight states and found that President Joe Biden did better in 2020 in conservative districts where a local Democrat was running than in districts where a Republican ran unopposed. The difference was small—a boost of .4 to 2.3 percent—but in tight races, accumulated statewide across a range of districts, that amount could make the difference. The report singled out Georgia as a place where such long shot campaigns in rural red areas might have put Biden over the top.

    Herndon saw the study when it came out in 2021 and took note, and last spring, he and a friend, Pam Woodley, took it upon themselves to recruit candidates with help from Peach Power PAC, a group where both were then-board members that also supports down ballot Georgia Democrats. The most effective method of outreach, they found, was sending texts. Thousands of them, to lists of likely Democratic voters living in districts where the Republican state House representative would otherwise go unchallenged. It was a recruitment operation of “brute force,” Herndon recalls.

    “It’s hard to talk people into running,” Herndon says. “Why should you run in a race that you’re not going to win? And you’re not going to get any support. People aren’t going to give you money.” In conversations with potential candidates, he gave them three reasons: Give Democrats in red districts someone to vote for, force Republicans to spend money on these races, and earn enough extra votes to tip the state for Democrats at the top of the ticket.

    “They are making a huge sacrifice for Democrats in Georgia,” Woodley explains, even if some of their recruited candidates are having fun. “All they are getting out of it is they are bringing more Democrats to the polls.”

    I’ve long been an advocate for running candidates in as many districts as one can, but I’ve also come to believe that it’s not that simple. Not all candidates are net positives, and it’s not clear to me that a placeholder adds any value. While it’s true that running an even semi-viable candidate does force the other guys to spend resources in that district, their doing so helps their side’s turnout, too. Your candidate has to be good enough and to do enough to offset that.

    Ideally, state and local parties would be able to recruit candidates who understand the assignment and can do their part. We need to be honest about this and admit that running for office is hard, it takes a ton of time and effort, and if you’ve never done it before you’ve got a lot of things you need to do and not a lot of resources to do them with. It would also be ideal if state and local parties can offer some assistance to these candidates who are there to move the needle more than anything else. Training and steering volunteers their way is a good start, but helping them raise money so they can do basic things like rent an office and print some doorhangers and maybe run some online or radio ads would mean a lot. I look at the campaign finance reports for Dems in the districts that could be considered competitive and I wince, thinking about how much missed opportunity there is.

    To be clear, I think the Georgia model is a good one to follow. I think there are ways of doing it well, and that involves both identifying the priority districts and getting the best possible candidates into them, and then supporting the candidates at some base level to ensure they’re doing as well as possible and it will be reasonably enticing for someone else to take up that same mantle in the next election. I think we can do that here, but it’s going to take some investment and a lot of work.

    Posted in Election 2024 | Tagged , , , , , , , , , , , , , | 1 Comment

    A further clipping of Paxton’s wings

    This could be big.

    Still a crook any way you look

    A federal magistrate judge has struck down a 100-plus year old Texas statute authorizing the state’s attorney general to investigate certain businesses and organizations for violating state laws.

    Judge Mark Lane of the Western District of Texas said his decision “wasn’t that hard” because Texas’ Request to Examine statute doesn’t expressly allow a served party to pursue pre-compliance judicial review before producing requested records.

    Lane announced the decision at the end of a hearing Friday, siding with Spirit AeroSystems, Inc., a Kansas-based manufacturer for Boeing 737 jets that the state is investigating for alleged misrepresentations about its parts.

    The order weakens the investigatory ability of Texas Attorney General Ken Paxton (R) and raises questions about a case pending before the Texas Supreme Court in which Paxton’s office is investigating an organization serving the migrant community. That case, which involves the El Paso nonprofit Annunciation House, is set for oral arguments in January. As of Friday the state statute that Texas used to serve the agency is unconstitutional.

    Lane said the Request to Examine statute was written for another time, and that recently it has been “frankensteined” by Paxton’s office to include exceptions that don’t appear in the law. The law requires immediate production of requested records, leaving a served party no chance to seek pre-compliance judicial review. The US Supreme Court ruled in 2015 that a served party is entitled to a court’s review in Los Angeles v. Patel.

    Texas tried to work around the high court’s decision by offering Spirit 20 days to turn over records, Lane said. But the statute makes no mention of such a grace period, and there’s no telling if Paxton or a future attorney general will enforce the law as written and demand immediate access, he said.

    “I’m a literal guy—black and white,” Lane said. “This call for me is easy.”

    […]

    Speaking specifically of the Spirit investigation, Lane called it “very aggressive” and “an enormous reach” because the manufacturer has a minimal presence in Texas with just one small facility and about 100 employees.

    But Lane announced early on that he would consider only a challenge to the law, and not specifically how it applies to Spirit.

    Paxton’s request to Spirit sought documents related to a federal securities fraud class action filed against the parts manufacturer in New York. It also sought documents related to DEI hiring practices.

    What makes this a potential big deal is that Paxton has been using this law in his ongoing harassment campaign against immigrantion-focused nonprofits. The Trib explains.

    It is unclear how Friday’s ruling might affect cases in which Paxton’s office has used requests to examine that remain unresolved in state courts.

    “The office of the Attorney General does not have arbitrary power under an administrative government regulation to demand unfettered access to search and seize property of any business in Texas,” said Kristin Etter, director of policy and legal service at Texas Immigration Law Council, an organization aimed at protecting the rights of Texas immigrants and refugees. “This is textbook 4th Amendment jurisprudence that protects us all from unreasonable searches and seizures.”

    The consumer protection division of the Attorney General’s Office has increased its scrutiny of nonprofits whose missions are largely in opposition to Paxton’s politics, an investigation by The Texas Tribune and ProPublica found. Requests to examine are just one of several legal mechanisms he’s used to pursue those investigations.

    A request to examine is a broad tool that is rooted in the authority the state’s constitution of 1876 gave the attorney general over private corporations, according to University of Texas at Austin School of Law adjunct professor Randy Erben, who spoke to ProPublica and the Tribune last spring.

    “This is something that goes way, way back to the origins of our Constitution and the basic distrust of private corporations when they wrote that document following Reconstruction,” Erben said.

    It’s part of the state’s business and organizations code, applicable to any entity that files incorporation documents within the state. That includes for-profit corporations, like Spirit AeroSystems, and nonprofits.

    In late 2022, Paxton’s office sent three separate requests to examine to organizations that had received funding from the Texas Bar Foundation. U.S. Rep. Troy Nehls, R-Richmond, had alleged the foundation was donating to entities that encourage and fund illegal immigration.

    The following spring, amid a legislative fight over gender-affirming treatment for minors, Paxton sent requests to two hospitals –– Dell Children’s Medical Center in Austin and Texas Children’s Hospital in Houston — requesting a range of documents related to such care.

    The treatment was still technically legal when the office sent the letters in April and May, respectively, but state lawmakers passed a ban the same week Paxton launched his investigation of Texas Children’s Hospital. In anticipation of the law going into effect, the hospital told employees it would discontinue certain gender-affirming treatments.

    In perhaps the most well-known case of its kind, Paxton’s office hand-delivered a request to examine El Paso-based Annunciation House, a nonprofit that’s served immigrants and refugees seeking shelter for decades. Paxton accused the migrant shelter network of violating state laws prohibiting human smuggling and operating a stash house.

    Typically, these types of letters are mailed and organizations are given a period of days or weeks to respond. In this case, the attorney general initially wanted immediate access to Annunciation House’s documents, including all logs identifying immigrants who received services at Annunciation House going back more than two years. The attorney general later agreed to give the organization an additional day to respond.

    Following a legal dispute, a state judge in July denied Paxton’s efforts to shut down Annunciation House.

    However, Paxton appealed directly to the state’s all-Republican Supreme Court, which is scheduled to hear arguments in the case early next year.

    The Supreme Court could certainly interpret the federal judge’s ruling in a way that still allows Paxton to do the things that he loves to do. But it’s at least possible that they’ll cop to some restrictions on him. I sure hope they do.

    Posted in Legal matters | Tagged , , , , , , , , , , , , , , , , , , , | Comments Off on A further clipping of Paxton’s wings

    Weekend link dump for October 13

    “DHS Warns Every Level Of Election Admin Could Be Targeted By Domestic Extremists Next Month”.

    “So, as with much of the Trump political experiment, they could be playing 4D chess—or are just grifting in every way they can.”

    “Not trying to create a pile-on here. But let’s talk about why something might still be made in unethical conditions even though it bears a “made in USA” tag.”

    “Neo-Nazi Telegram Users Panic Amid Crackdown and Arrest of Alleged Leaders of Online Extremist Group”.

    “The next time you download an app or tick “Agree” on a website pop-up, consider reviewing the arbitration terms and where else they may apply. You could be signing away your right to a trial for good.”

    “Reality Series About Kansas City Chiefs’ Wives & Girlfriends Swiftly In The Works At Bravo”.

    The toxic fandom problem and the somewhat ridiculous lengths that studios are going to mitigate it.

    RIP, Christopher Ciccone, artist, choreographer, brother of Madonna.

    The five types of people who spread conspiracy theories that they themselves don’t believe.

    “Ironically, we cannot show Climate Central’s “Climate Shift Index: Ocean” for Milton, showing how much more likely climate change made the record-warm ocean temperatures possible – because the data for that product comes from NOAA NCEI facility in Asheville, North Carolina, which was severely affected by record flooding spawned by Hurricane Helene two weeks ago.”

    “This story from Matthew’s Gospel is a Jesus story and, as we’ve noted here before, in a Jesus story, you never want to be the person asking “Who is my neighbor?””

    RIP, Cissy Houston, Grammy-winning soul singer and the mother of the late Whitney Houston.

    RIP, Luis Tiant, aka “El Tiante”, charismatic Cuban-born pitcher mostly for the Red Sox. I’d forgotten that his father had been a star pitcher in the Negro Leagues. I say this as a lifelong Yankees fan, Tiant was one of the most fun pitchers to watch that ever played. Watch a highlight reel from the 1975 World Series to see what I mean.

    The State of Florida and its two-bit despot wannabe Governor are resorting to extreme and desperate measures to prevent the pro-abortion Amendment 4 from passing.

    “What I didn’t anticipate was Bluey being assailed for its content. That argument, in my mind, could only be made in bad faith. Enter the writers at Glenn Beck’s media conglomerate, Blaze Media. A writer for that site recently published a piece about how Bluey is bad because it presents a loving father. I’m not making that up.”

    “Then, a week ago, Trump backed out. The campaign offered shifting explanations. First, a complaint that we would fact check the interview. We fact check every story. Later, Trump said he needed an apology for his interview in 2020. Trump claims correspondent Leslie Stahl said in that interview that Hunter Biden’s controversial laptop came from Russia. She never said that.”

    “Thousands of copies of Donald Trump’s “God Bless the USA” Bible were printed in a country that the former president has repeatedly accused of stealing American jobs and engaging in unfair trade practices — China.”

    RIP, Ethel Kennedy, matriarch of the Kennedy family, human rights activist, and, unfortunately, mother of the brain worm guy. She also had a connection to Taylor Swift that I hadn’t known until now.

    “Elon Musk received criticism this week after it was discovered that his offer of “free” Starlink internet to victims of Hurricane Helene requires a hardware payment of $400 and automatically signs up claimants to a $120 per month plan.” What a guy.

    Honestly, I’m rooting for Rome, just for the sheer chaos value.

    “The Chippendales Dancers are unionizing with Actors’ Equity Association to ensure their wages and working conditions are held to the same world-class standard they’re famous for delivering on stage.”

    “So if you’re wondering why practically everybody is either friendly or at least not hostile to crypto these days, this is it. They’re facing too big a war chest to risk saying anything directly about regulating crypto.”

    “Helene — and now Milton — will impact voting for some Americans. Here’s what election workers are doing about it.”

    RIP, Texas Anderson, Houston-born archaeologist and real estate agent, mother of filmmaker Wes Anderson. Her full name was Dr. Texas Anne Burroughs Anderson, and that is now somewhere in the top 10 of my all time favorite names.

    Posted in Blog stuff | Tagged | 1 Comment

    DACA at the Fifth Circuit

    A big week for that terrible court.

    On Thursday the Fifth Circuit Court of Appeals heard oral arguments in a case to determine the future of “Dreamers” who came to the country as children, including an estimated 27,000 Houstonians.

    The hearing is the latest step in a six-year legal saga challenging the Deferred Action for Childhood Arrivals (DACA) program. Texas and eight other states sued the federal government in 2018 to end DACA based on the alleged financial burden to the state.

    DACA recipients and immigrant advocate groups gathered outside the New Orleans courthouse Thursday to follow the legal battle that could strip 528,000 people of their work permit and protections from deportation. With the fourth-largest DACA population in the country according to United States Citizenship and Immigration Services, Houston is one of the cities most impacted.

    Lawyers for the U.S. Department of Justice, Mexican American Legal Defense and Educational Fund (MALDEF), and the State of New Jersey defended the program against the State of Texas. Judges heard arguments about the legal standing of Texas to challenge a federal policy, validity of arguments of financial harm, and the possibility of striking down some but not all parts of the program.

    Lawyers for the Department of Justice questioned Texas’ standing to challenge a federal policy, arguing that past precedent has limited states’ ability to do so. New Jersey cited the positive impact of DACA on its state and challenged Texas’ ability to determine whether a nationwide program should continue.

    MALDEF questioned Texas’ statistics on education and health care expenditures to prove financial burden. DACA recipients have aged out of the K-12 education system. Work permits increase their access to health insurance, a lawyer said.

    The State of Texas maintained its legal standing to challenge the program, citing its successful case against the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program.

    Judges Jerry E. Smith, appointed by former President Ronald Reagan, Edith Brown Clement, appointed by former president George W. Bush, and Stephen A. Higginson, appointed by former President Barack Obama, presided over the hearing.

    […]

    Despite the legal challenge, DACA is one of the immigration programs that maintains strong public support. More than 80 percent of people believe that immigrants brought to the U.S. as children should have a pathway to citizenship, even as overall support for immigration is declining, according to a June 2024 Gallup poll.

    The awful district court ruling that put DACA in jeopardy was issued in July 2021, so this has been a long time coming. I don’t know what will happen here except to say that the eventual ruling will be appealed to SCOTUS. I’d support that bipartisan immigration bill from this session that was otherwise all stick and no carrot if it included a provision to enshrine DACA. Maybe under a President Harris that could happen. In the meantime, we wait once again on the Fifth Circuit. Law Dork, Texas Public Radio, and the Associated Press have more.

    Posted in La Migra, Legal matters | Tagged , , , , , , , , , , , , , , | 1 Comment

    More of the omnibus voter suppression bill blocked

    Better (very) late than never.

    Certain provisions of Texas’ sweeping 2021 voting law that restrict voter assistance violate the federal Voting Rights Act and cannot be enforced, a federal judge in Texas ruled Friday.

    Among the rules struck down by U.S. District Judge Xavier Rodriguez was a ban on compensation for anyone who assists a voter and a requirement for anyone who assists a voter to sign an oath under penalty of perjury that the voter qualifies to receive help.

    Rodriguez also blocked provisions that require assisters to make certain disclosures about their relationship to the voter they are helping and a provision that restricts voter assistance given during door-to-door voter outreach operations.

    Rodriguez based his decision on the section of the 1965 federal Voting Rights Act that guarantees voters with disabilities or literacy limitations the right to receive assistance from whoever they choose.

    “This ruling will be most impactful for voters with disabilities, voters who have limited English proficiency, voters with literacy issues and the people who assist them,” said Sean Morales-Doyle, voting rights program director at the Brennan Center for Justice.

    Although the judge has blocked any type of prosecution under these provisions, the rules and instructions on forms about requiring voter assisters from signing an oath are technically still in place for the upcoming Nov. 5 presidential election, because it is too close to the election to change the forms themselves.

    […]

    In his Friday ruling, Rodriguez laid out a few scenarios that would put voters at risk under the law’s voter assistance provisions:

    “A man helps his blind wife of 20 years cast her ballot at the polls without first securing a representation from her that she is ‘eligible for assistance.’ Even if he completes her ballot according to her exact instructions, he faces up to two years in prison and a fine of up to $10,000,” he noted.

    “While meeting with a client about his tax return, a staff member for a community organization that provides free income tax services agrees to help translate the man’s mail-in ballot,” Rodriguez wrote. “The client fills out his own ballot, with accurate translation assistance from the staff member. Even though the ballot reflects the client’s wishes, the staff member faces up to two years in prison, she and her employer may be fined up to $10,000, and the client’s ballot may not be counted.”

    The two-month trial began in September 2023. Lawyers later presented closing arguments in February 2024.

    Plaintiffs challenged dozens of provisions, including a ban on 24-hour and drive-through voting; a prohibition stopping election officials from distributing mail-in ballot applications to voters who did not request them and provisions that expand poll watchers’ access, among others. Rodriguez has yet to rule on the remainder of those. Phase two of the trial, over whether the law’s intent was to discriminate against voters of color, is still making its way through the courts, which won’t begin until Rodriguez rules on all the remaining challenges to the provisions of the law in its current phase.

    This is the same lawsuit on which Judge Rodriguez had ruled that the vote harvesting provision was illegal about two weeks ago. As you can see, there’s still a lot more of this to be decided on, and then there will be the appeals. The timeline is still in years, not months. But so far so good, even if the benefits will have to wait until the next election. A copy of the ruling is here and Democracy Docket has more.

    Posted in Legal matters | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

    “Wrongful death” anti-abortion lawsuit dropped

    Good.

    A Texas man who sued three women for allegedly helping his ex-wife obtain a medication abortion, one of the first and most explosive lawsuits after Texas began banning the procedure, has dropped his claims, according to defendants.

    The wrongful death case, which had the potential to open up new avenues to target those accused of “aiding or abetting” abortions, was set for trial on Monday in Galveston County.

    Elizabeth Myers, who represented defendants Jackie Noyola and Amy Carpenter, declined to specify the terms of the dismissal. Noyola and Carpenter, in their first public statements on the case in two years, called the claims “meritless” and said they had simply been trying to help free their friend from an abusive relationship.

    “While we are grateful that this fraudulent case is finally over, we are angry for ourselves and others who have been terrorized for the simple act of supporting a friend who is facing abuse,” Noyola said. “No one should ever have to fear punishment, criminalization, or a lengthy court battle for helping someone they care about.”

    […]

    In the complaint, Silva said he learned that his ex-wife terminated the pregnancy after the Supreme Court overturned Roe v. Wade and Texas’ abortion ban went into effect. Silva accused the three women of helping her obtain abortion pills and convincing her to conceal their “murderous actions” from him.

    Silva and his wife divorced in February 2023 and have two other children, according to the suit. He was seeking more than $1 million in damages. The suit was not filed under Senate Bill 8, Mitchell’s brainchild, which allows private citizens to sue those who aid and abet an abortion for at least $10,000, but rather alleged a wrongful death of his child.

    Two of the women targeted by the lawsuit later countersued Silva, claiming he was a “serial emotional abuser” who was seeking revenge on his ex-wife’s friends for helping her escape a toxic relationship. They claimed Silva broke the law by searching the ex-wife’s phone without her consent and accessing her text messages with them.

    They argued Silva knew about the abortion from those messages and from finding an abortion pill when secretly rifling through her purse but did not bring it up to her until two weeks later.

    “He wasn’t interested in stopping her from terminating a possible pregnancy,” their lawyers wrote in the filing. “Instead, he wanted to obtain evidence he could use against her if she refused to stay under his control, which is precisely what he tried to do.”

    They were seeking unspecified damages and legal fees.

    Silva’s ex-wife, who was not a defendant in the case, described the suit in court filings as the “latest abusive tactic in a long line of steps he has taken to harass and control” her. She alleged that he was using the suit to extort her to sleep with him and perform his household chores despite their divorce.

    She said Silva had also threatened to post a sex video of her on her employer’s website and send it to her family and friends, a tactic often referred to as “revenge pornography,” illegal in most states including Texas. Transcripts of audio recordings of their conversations are detailed in the suit.

    Myers had argued this “improper purpose” was enough reason to dismiss the suit.

    Silva suffered a major setback in the case in June when the Texas Supreme Court left in place a state appeals court ruling that allowed the ex-wife to withhold information and documents requested by his attorneys regarding the alleged abortion. The appeals court concluded that her compliance with such an order could imperil her Fifth Amendment right against self-incrimination.

    In a concurring opinion, Justices Jimmy Blacklock and Justice Devine, two of the all-Republican court’s most conservative judges, went out of their way to mention in a footnote that Silva had been “engaged in disgracefully vicious harassment and intimidation.”

    “I can imagine no legitimate excuse for Marcus’s behavior as reflected in this record, many of the details of which are not fit for reproduction in a judicial opinion,” the opinion penned by Blacklock read.

    Mitchell had sought to delay the trial while the court considered his motion to compel the three women to divulge records as well, but Galveston County Judge Lonnie Cox denied him on both matters Monday. All three had also planned to invoke the Fifth Amendment.

    Joanna Grossman, a law professor at Southern Methodist University who specializes in legal issues affecting women, said Silva’s case was never legally viable because a wrongful death must result from some kind of wrongdoing.

    Texas law bars physicians from performing all abortions except those to save the mother’s life and major bodily functions, but it does not create any legal liability for the pregnant patient, regardless of what abortion method they use.

    See here and here for the background. “Mitchell” is of course top-level forced birth zealot Jonathan Mitchell; he and fellow forced birther Rep. Briscoe Cain brought forth this suit before deciding to, um, abort it. I see nothing to indicate that the countersuit has been or will be dropped, and I hope that Noyola and Carpenter’s attorneys pursue it to the ends of the earth. This was straight up bullshit from the beginning, intended to further intimidate and terrorize anyone who has ever had, contemplated, or supported a friend who has had or contemplated an abortion. Once again I say, if you needed a vivid reminder of the stakes in this election, here you go. The Trib and The 19th have more.

    Posted in Legal matters | Tagged , , , , , , , , , , , , | 1 Comment

    Fifth Circuit hears drag ban appeal

    Hope for the best as always.

    Obviously a pervert

    A Fifth Circuit panel grappled with questions of free speech and expression on Wednesday as it deliberated whether to uphold a lower court’s ruling that a Texas law dealing with sexually explicit performances and children is unconstitutional.

    The September 2023 ruling by U.S. District Court Judge David Hittner found that Senate Bill 12, which creates criminal and civil penalties for those who perform or host sexually explicit shows in front of minors, could “virtually ban any performance in public,” including drag shows.

    “It is not unreasonable to read SB 12 and conclude that activities such as cheerleading, live theater, and other common public occurrences could possibly become a civil or criminal violation of SB 12,” he wrote in a 56-page order.

    It is not clear how quickly the three-judge panel of the New Orleans-based Fifth Circuit Court of Appeals will decide the appeal. During a one-hour hearing on Wednesday, the judges peppered attorneys with questions.

    Judge Kurt Englehardt, appointed to the bench in 2001 by former President George W. Bush, inquired how SB 12 differs from existing obscenity laws that aim to protect children from indecent material.

    “We’ve always had age protections on performances or material that’s been considered of sexually adult nature,” he said, using examples like the Motion Picture Association of America’s rating system and how in most jurisdictions minors are not allowed in adult bookstores.

    Brian Klosterboer, a staff attorney for the ACLU of Texas, said while those laws have exceptions for works that are deemed to hold artistic and scientific value, SB 12 carries no such exceptions.

    “This law has none of those guardrails,” Klosterboer said.

    In district court proceedings, a great deal of attention was paid to the phrase “prurient interest in sex.” The phrase has its roots in obscenity law and was used in Senate Bill 12 to define what constitutes a sexually explicit performance.

    Hittner said in his order that the phrase is not clearly defined and could be open to interpretation. Judge James Dennis, who was appointed to the Fifth Circuit in 1995 by former President Bill Clinton, appeared to side with Hittner on Wednesday.

    “If prurient interest is not defined in the statute, that means the statute could have many, many different meanings to many different people,” Dennis said.

    William Cole, deputy solicitor general with the Texas Attorney General’s Office, disagreed with Dennis and said jury instructions would suffice in clearing up any confusion around the phrase’s definition.

    “I think it’s well established that prurient interest has survived multiple vagueness challenges across the years from three-quarters of a century,” Cole said. “It’s a word that finds its genesis in Supreme Court case law going back to Roth. For this court to hold that it is vague would, I think, have serious knock-on effects in other areas of law like the criminal law, obscenity prosecutions and child prosecutions where that is a common term.”

    Brian Klosterboer, a staff attorney for the ACLU of Texas, said SB 12 does not distinguish a child’s age and would conceivably treat an older teenager the same as it would a younger child.

    “We don’t even know whose prurient interest we’re talking about,” Klosterboer said.

    […]

    In his ruling, Hittner agreed with arguments made by lawyers for the LGBTQ+ organizations that language related to “accessories and prosthetics” targets drag performers.

    “This language goes beyond mere content-based discrimination because it is now directed at the specific act of impersonating or exaggerating a sex other than the one a performer is assigned,” Hittner wrote. “Additionally, the court cannot ignore the legislative history and public statements by legislators purporting that SB 12 is at least in part a ban on drag shows.”

    See here for the previous update. Judge Hittner was a Reagan appointee, so not a flaming liberal. I didn’t get a sense from this story if the three-judge panel leaned one way or the other. May not matter in that if they uphold the ruling, the state may ask for an en banc hearing before the inevitable appeal to SCOTUS. At least it doesn’t seem like it went badly. With the Fifth Circuit, that’s about all you can hope for.

    Posted in Legal matters | Tagged , , , , , , , , , , , , , , , | 1 Comment

    HISD cornucopia

    Too much news, too little time, so a-rounding up we go…

    Houston coalitions hold dueling press conferences to support, oppose HISD’s $4.4B school bond

    HISD parents, Houston’s NAACP branch, the Houston Federation of Teachers, the Texas Gulf Coast Area Labor Federation and the Harris County Democratic and Republican Party spoke out against the bond, while Children at Risk, the Houston Food Bank, the Center for School Behavioral Health and the Boys & Girls Clubs of Greater Houston spoke in favor.

    HISD’s bond proposes spending $2 billion for rebuilding and renovating schools and $1.35 billion for lead abatement, security upgrades, and heating, ventilation and air-conditioning improvements. It would also provide $1 billion to expand pre-K, build three new career and technical education centers and make technology upgrades without raising taxes.

    HISD “has not sought a bond in 12 years, and conditions at too many schools do not meet current safety and health standards,” the district said in a statement. “HISD is proposing these investments — which will impact 273 schools in every neighborhood in the district — to make sure all students can learn in safe, healthy and effective learning environments.”

    […]

    Bond supporters said Houston voters should look past the politics of state-appointed district leadership and vote in favor of the bond address long-standing issues that would improve student well-being and academic success.

    “We’re going to be recruiting a superintendent, we’re going to be electing a new board and we’re going to be bringing them to Houston … and we want to make sure that we have our ducks in a row in terms of our infrastructure,” Children at Risk CEO Robert Sanborn said. “When I think about this, I think first and foremost, this is about the future of our children. … We know that kids need better facilities. They need better schools.”

    Opponents said that while they support increased funding for public education, they believe voters should reject this bond due to a lack of trust in Miles and his administration, concerns over future financial accountability, and the state’s replacement of the elected school board with appointees in June 2023.

    “We call upon the state government, Gov. Abbott, to end the TEA occupation of HISD and allow the restoration of a democratically elected school board to return to HISD immediately,” said Hany Khalil, director of the Texas Gulf Coast Area Labor Federation. “Once we have that in place, we will have, once again, trust in our school district, and we will then support a bond.”

    You know where I stand on this. I will refer you once again to my interviews with Plácido Gómez and Dani Hernandez for the HISD bond, and Ruth Kravetz of CVPE against the HISD bond. I do not think this bond has the support to pass. I will be very interested to see if there is any (real) polling on this, and what the Chronicle’s endorsement is.

    Parents fear curriculum changes as HISD puts elementary school principal on leave

    The abrupt administrative leave of Harvard Elementary School’s principal has catalyzed parents’ concerns for protecting the school’s teachers and course offerings, including its International Baccalaureate curriculum.

    Harvard families received a Monday evening message that principal Shelby Calabrese was on leave pending investigation — effective that day. Assistant principal Alejandra Perez would step into the role. It was unclear how long the leave or investigation would last.

    Houston ISD cited board policy in its message that principals can be put on administrative leave by their direct supervisor or Superintendent for poor performance, absenteeism, or misconduct without specifying which applied to the principal.

    Parents said the change in leadership spurred existing anxiety around HISD encroaching on the school’s choice of teaching methods and curriculum, as the district rapidly overhauls schools at the discretion of state-appointed Superintendent Mike Miles. Calabrese’s administrative leave intensified a larger concern whether the district will allow the school to teach the International Baccalaureate (IB) curriculum, which parents say is rooted in inquiry, being a well-rounded citizen, and critical thinking.

    “We understand that sometimes employees need to be placed on leave, and that sometimes, very often, when they’re placed on leave, it’s for legitimate reasons,” parent Josh Brodbeck said. “And so, if that’s what’s happening here, we get it and we understand. But we’re very suspicious and concerned about the circumstances surrounding the sudden leave that Dr. C was placed on.”

    […]

    Harvard was a B-rated school by the district’s own calculations of accountability ratings for 2024. A-through-F accountability ratings are determined by a school’s performance in student achievement; the school’s progress in academic growth and performance relative to other schools; and “closing the gaps” between student groups. (The Texas Education Agency’s release of official accountability ratings are on pause, under an injunction.)

    Because of its rating, Harvard also has what HISD calls “Level 3 autonomy” according to a framework determined and enforced by HISD — this means that the school has the freedom to make decisions on programs, curriculum, and how it delivers instruction, for example. Harvard is a science, technology, engineering and math magnet and longtime IB school.

    Central Division Superintendent Luz Martinez wrote in a Thursday email to families that Harvard is not a candidate for Miles’ reforms because of its B rating.

    “Harvard did slip from an ‘A’ in 2023 to a ‘B’ in 2024, primarily because of students’ math scores,” Martinez wrote. “Also based on Harvard’s 2024 student achievement results there is 30% achievement gap between white and Hispanic students. We all want to see your students achieve their full potential, so HISD has provided increased instructional support, including coaching to help raise student math scores and close achievement gaps. The district fully supports continuous instructional improvement within Harvard’s IB program. There are no plans to eliminate it, while raising achievement.”

    Harvard chose a list of curricular resources that teachers have the autonomy to use inside the IB framework, Martinez wrote.

    “The six transdisciplinary IB themes guide teachers in designing units that usually last several weeks. These practices will continue,” she wrote, with a timeline for Harvard’s IB recertification.

    Despite the autonomy level, parents are hearing of changes in the classroom from their children more in line with Miles’ New Education System (NES), which includes the use of timers in classes, frequent “Demonstrations of Learning” checks and quizzes, and a district-set curriculum largely made up of presentation slides and worksheets.

    Parent Kristin Blomquist told the board of managers Thursday she hopes Calabrese will return, and the bigger issue is teachers are held to NES standards.

    “We’ve had observers come in to grade staff based on the New Education System, which Harvard inherently is not, and receive low scores and are reprimanded for upholding the IB curriculum,” she said. “We are not NES. We are IB, and it’s creating confusion for educators and children and creates fear-based changes to learning in our high-performing schools.”

    Parents’ vigilance toward district edicts ramped up after Miles’ visit to the campus, on Sept. 5 according to records. Brodbeck said one of his students started to see timers implemented in class after that visit.

    “It feels to us like there is an attempt being made to backdoor it (NES curriculum and requirements) into a high-performing school like ours, and taking advantage of the fact that those are high-performing kids to, again, make some kind of political point. And we were assured that we were protected from NES,” Brodbeck said, noting his use of the word “protected” was intentional because Harvard parents feel the test-focused NES curriculum would be destructive to their children.

    We know quite a few people whose kids went to Harvard. I was as surprised as anyone to hear this news – Harvard has always been a top performer and one of those schools that people buy houses in the Heights to get zoned to. If HISD and Mike Miles think they need to tinker with what Harvard is doing, they have definitely lost the plot. And while this is kind of a side issue in terms of the overall HISD drama, I highlighted this story so I could also highlight this one, about the Thursday night Board of Managers meeting, which drew a number of Harvard parents.

    Harvard parents are furious, calling any aspects of the NES program with its “rote learning” the complete opposite of IB which they maintain encourages creative thinking.

    “As a Harvard parent, I’m here because I’m concerned about the future of the IB program. The IB program is the reason we decided to send our son to Harvard and it truly is what makes Harvard a special school,” said parent Bridget Kushiyama. “While you say there are no plans to eliminate it, I worry about that because to be frank I do not trust a single one of you, especially Mike Miles.

    “Although Harvard is not an NES school, teachers are required to implement the broad NES strategy. Not because they choose to but because they must in order to receive favorable observations. The IB curriculum nurtures and develops young students as caring, active participants in a lifelong journey of learning,” she said.

    “In contrast. the NES model focuses on worksheets that lack critical thinking, relies on scripted lessons and prioritizes test scores only. Not the students.”

    Parent Joanne Vest scoffed at the idea that lower math scores when the students were tested in January should have been used as a determinant of how well Harvard is educating its students.

    “Have you forgotten there was no heat at school that day and only one functioning bathroom for over 600 students? Testing was not rescheduled and those students who showed up were told to put on their coats and gloves and test. Who could perform at A’s level in these conditions? This is not on Dr. C, this is on you. We are not fooled by your gaslighting and we will not give up.”

    Jacob Margolin, another parent, started by saying that obviously he would not support the bond “until we have an elected and accountable school board. It’s basic Finance 101. You don’t give money to people who are unaccountable unless you want that money to be squandered.

    “The people of Houston see what you’re doing. We see you manipulating the school grading system so that NES schools forced into a curriculum that resembles daily test prep appear to excel while all the other schools are forbidden from preparing their students for tests. We see you disappearing principals that defend their school’s teacher and records. We see you leveraging money to those who kowtow to your agenda and punishing those who don’t.”

    Every one of these parents should be an easy Yes vote for the bonds. They are instead passionate opponents of them, because of Mike Miles. This is why I don’t believe the bonds will pass. You reap what you sow. More on that meeting here.

    HISD’s Board of Managers names 13 people to bond oversight committee. Here’s who made the list.

    Houston ISD’s state-appointed Board of Managers named 13 people and two alternates Friday to the committee that will oversee the district’s $4.4 billion school bond if voters approve the measure next month.

    After more than three hours in closed session, the board named a group of people who represent “fields of law, finance, accounting, construction, engineering, government, education, edtech and energy” to the committee. All members are HISD residents, and six of them are past, current or future HISD parents, according to the district.

    The Bond Oversight Committee will be responsible for monitoring progress of bond projects, providing regular updates to district leaders, communicating allegations of wrongdoing, potential waste or fraud to the superintendent and other oversight duties related to the bond.

    Here’s the list of Houston residents selected to join the committee, listed alphabetically by first name:

    I recognize two of the names offhand: Chris Brown, former Houston City Controller, and Wendell Robbins, who ran for HCC Trustee a few years ago (of course I interviewed him; that’s why I recognized his name). I’m sure they’re a fine group; I doubt anyone’s vote will be affected by them.

    HISD’s school board approved Mike Miles’ first annual evaluation. How would you rate his performance?

    Houston ISD’s Board of Managers approved state-appointed Superintendent Mike Miles’ first evaluation during their monthly board meeting Friday after hours of meeting in closed session.

    Miles’ initial contract states that the board is responsible for assessing his annual performance every year by Sept. 1 based on his job duties and the board’s goals and priorities. The contract states that the board will hold the evaluation in closed session unless Miles and the board agree to hold it publicly.

    The evaluation passed without discussion in an 8-1 vote, with board member Adam Rivon as the sole member to vote against the motion.

    Alex Elizondo, HISD’s chief of public affairs and communications, said the evaluation is confidential and will not be released publicly, but Miles did qualify for an additional performance incentive pay based on the results and an amendment to his contract.

    The incentive payment will be finalized in November, which is when HISD will release the total payment Miles was eligible for and the actual amount he received, Elizondo said. Miles currently earns an annual salary of $380,000, according to his contract.

    The district did not include the template rubric for Miles’ evaluation in the board agenda, but it was provided to the Chronicle upon request. Unlike the initial contract, the rubric states that the board will conduct Miles’ evaluation on or before Oct. 15.

    An amendment to Miles’ contract states that 60 percent of his evaluation is based on whether he met four specific student outcome goals and honored all three constraints that the board set in November, while the remaining 40 percent is based on how he scored on an executive leadership and vision rubric.

    You can read the rest of the rubric if you want. Let’s just say that I would have been a No vote.

    Posted in School days | Tagged , , , , , , , , , , , , , , , , , , | 5 Comments

    Saint Arnold gives a boost to the Beer Can House

    Nice.

    The Houston Beer Can House, one of the city’s most famous and beloved artistic landmarks, will now have free admissions and expanded hours thanks to a partnership with Saint Arnold Brewing Company.

    Located in the Rice Military neighborhood, John Milkovisch created the Beer Can House as a way to avoid chores rather than a grand artistic statement. The exterior is covered in roughly 50,000 crushed beer cans, most of which Milkovisch drank himself. It houses several sculptures and currently serves as an art gallery space.

    The bright Houston sun refracts off the aluminum, turning the entire thing into a glimmering artifact that has brought in visitors from all over the world.

    “Saint Arnold is proud to be a part of The Beer Can House’s continued evolution,” Saint Arnold founder Brock Wagner said in a statement. “As Texas’ oldest craft brewery, we take pride in supporting our local community and helping to make Houston a fun and exciting place to live and visit. I’d like to think that should Saint Arnold have been around during John Milkovisch’s time, he’d have used some of our cans to create his masterpiece.”

    Tours and visits will be available Wednesday through Sunday from 10 am – 4 pm. In addition, the house will host special programming throughout the year, starting with a Block Party on October 12.

    The Orange Show Center for Visionary Art bought the building in 2001 for $200,000, and it has been a part of the Houston art scene ever since. Some experts argue whether the building should be considered folk art or tramp art. Either way, it is a unique building that feels distinctly Houston.

    “The Beer Can House is not only an internationally-recognized art environment – sparking curiosity and joy with each visitor it welcomes — but it also tells the story of Houston’s growth and our innate desire to create without abandon,” added Jack Massing, executive director of the Orange Show Center for Visionary Art. “For over 15 years, our preservation efforts with The Beer Can House have been simply about maintaining the structure and the grounds. Through this new partnership with Saint Arnold Brewing Company, we are looking forward to focusing more attention on enhancing the visitor experience while offering regular community events and rotating art exhibitions, all free and open to the public five days a week.”

    If you’ve never seen the Beer Can House, it’s worth a trip. It’s on the short list of Things That Make Houston Uniquely What It Is. The one caution, which is mentioned on the Orange Show’s page for the House, is that parking is very limited. They recommend rideshare or riding your bike, but let me add another option: There are three Metro bus lines that will drop you off within a half mile or so of the BCH – the #20 on Memorial (the closest), the #85 on Washington (a frequent route), and the #27 on Durham/Shepherd (disembark at Feagan). Admission is free, you can afford the bus fare. There’s some events being planned for the future, so keep an eye on this. And thanks to Saint Arnold for stepping up and keeping this institution available to the public.

    Posted in Elsewhere in Houston | Tagged , , , , | Comments Off on Saint Arnold gives a boost to the Beer Can House

    Some finance and fundraising bits

    Colin Allred keeps raking it in.

    Colin Allred

    U.S. Rep. Colin Allred raised $30.3 million for his Senate campaign in the third quarter of the year, outpacing U.S. Sen. Ted Cruz’s haul over the same three-month period, according to figures announced by both campaigns.

    Cruz, the Republican incumbent, raised more than $21 million across his three fundraising accounts, which include a leadership PAC that cannot spend directly on Cruz’s reelection and a joint fundraising committee that sends money to Cruz’s main campaign account and his leadership PAC.

    The fundraising deficit is nothing new for Cruz, who has struggled to keep pace with Allred this cycle after being vastly outraised by 2018 Democratic challenger Beto O’Rourke. Before the latest fundraising quarter, Allred had raised $38 million to Cruz’s $23 million across their main campaign accounts. When including affiliated PACs, Allred held a narrower advantage: $41.2 million to Cruz’s $40 million.

    Cruz closed out the quarter — which ran from the start of July through the end of September — with $16.2 million cash on hand across his three accounts, according to the GOP senator’s campaign. Allred’s campaign did not say how much cash he had in his accounts.

    Allred’s $30 million haul is a massive sum, though short of the record $38 million O’Rourke raised in the third quarter of 2018. The Dallas Democrat has raised nearly $69 million since the start of the campaign, however, surpassing the $61 million O’Rourke had collected by the same point.

    The two campaigns have combined to spend way more money than was spent in 2018, so you’re going to keep being inundated by ads as you try to watch the MLB playoffs or football on the weekend. Keep that remote handy. I’ll have a comprehensive roundup of the finance reports next week or so; the FEC reports pages aren’t usually up to date until the 15th of the month. In the meantime, Mother Jones ran its own “can Allred win?” article, similar in nature to the Trib story but with some different quotes.

    On a side note, I love this pairing of Ted Cruz story headlines now on the Houston Chronicle homepage as I draft this:

    Ted Cruz goes all in on transgender attack ads in his Senate race
    With his Senate seat on the line, Ted Cruz is selling a softer side

    That’s some “softer side”. Anyone who buys that idea is soft in the head.

    The Trib looks at where the parties are spending their money in the few State House battlegrounds.

    Gov. Greg Abbott and Republican political groups are pouring money into three Democrat-controlled state House districts in South Texas, giving the GOP a financial edge and raising the prospect that the party could widen its majority in the lower chamber.

    Between early July and late September, the period covered by campaign finance reports released this week, Republicans massively outraised their Democratic opponents in the races to succeed retiring state Reps. Abel Herrero, D-Robstown, and Tracy King, D-Uvalde. And in House District 74, a sprawling border district that runs from El Paso to Eagle Pass, Democratic state Rep. Eddie Morales was outraised by GOP nominee Robert Garza, a former Del Rio mayor — though Morales, an Eagle Pass attorney, headed into the final stretch with significantly more cash on hand.

    Across the three districts, Republican candidates raked in more than $1 million, dwarfing the $243,000 reported by their Democratic foes. Taken together, the fundraising suggests Republicans see an opening to make modest gains this fall across a House landscape where few seats are in play.

    The lack of competition is by design: Republicans redrew the state’s political maps in 2021 to shore up incumbent districts where GOP support had eroded. Republicans control 86 of 150 seats in the Texas House. And while they face little danger of losing their majority, any gains in South Texas could offset losses elsewhere in the state — and help the GOP continue its push to make inroads in the historically Democratic region.

    Democrats are going on offense themselves in several House districts across Texas, viewing a chance to flip a handful of GOP-controlled seats that Democrat Joe Biden would have carried over Republican Donald Trump in 2020 if the new boundaries had been in place then, according to Texas Legislative Council data. In most of those districts, too, Abbott and top GOP groups helped their targeted incumbents largely keep pace with a barrage of Democratic fundraising in the latest reporting period — with some exceptions.

    Rep. King’s district is HD80; it’s the one Democratic-held district that was carried by Trump in 2020. If Don McLaughlin wins, Dems will need a fourth flip to maintain anti-voucher numbers. Rep. Eddie Morales’ HD74 was made a little bluer in the 2021 redistricting. Rep. Herrera’s HD34 is the bluest of the three districts and is being pursued by a former State Rep. I think those two are likely Dem, while HD80 is lean GOP.

    The main Dem targets cited are ones we’re familiar with: HD112, with Averie Bishop, HD37 in Cameron County with Jonathan Gracia, and HD118 in Bexar County where Rep. John Lujan is a terrible father, among other things. Kristian Carranza is the Dem there. Both HDs 37 and 118 were carried by Biden in 2020, while HD112 was barely won by Trump. There’s also HD121, where moderate and anti-voucher Republican Rep. Steve Allison was ousted in the primary; the Republican nominee now is being backed by the usual consortium of evil billionaires. Laurel Swift is the Dem there, I’ll have an interview with her for next week. Control of the House is in Republican hands, but control over whether vouchers have a glide path to Greg Abbott’s desk is still up in the air.

    Posted in Election 2024 | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 8 Comments

    The 911 drones of Montgomery County

    I’m kind of fascinated by this.

    Drones could soon take on a new role in The Woodlands, responding to 911 calls ahead of first responders.

    Leaders of the Montgomery County Sheriff’s Office see the drone pilot program as a way to beat traffic congestion and get to calls quicker, but critics such as the American Civil Liberties Union have raised privacy concerns about similar programs in other cities.

    The use of drones isn’t new to Montgomery County, said Samuel Harrison, a specialist with the sheriff’s office. The agency uses them for search and rescue operations and to assist surrounding agencies, he said.

    The Drones as First Responder program would expand on this use by providing a “cost efficient way” for the agency to get support in the sky and respond to 911 calls quicker as the county continues to grow.

    Lt. Scott Spencer said Montgomery County’s fast growth poses a challenge for leaders and the general public when infrastructure doesn’t keep up with population.

    “I think it’s been said many times before — as cops, we drive the same roads, we’re stuck in the same traffic, we’re having to deal with the same issues,” Spencer said. “Having a program like this gets us eyes without cops having to drive fast to be able to go to a scene.”

    […]

    “This is about force multiplying,” Spencer said. “For years, the sheriff’s office has constantly implemented technological advancements that make us smarter, instead of working so hard…that’s a huge deal for us as we’re being tasked with more and more stuff. So, we’re using technology to help fill those voids.”

    Privacy concerns have been raised about drone programs in law enforcement. In a 10-page letter published in 2023, American Civil Liberties Union Senior Policy Analyst Jay Stanley said these drone programs could lead to the public feeling more uneasy than “the sense of safety and well-being that people want to feel when they’re in their homes and communities.”

    “The Constitution doesn’t normally permit warrantless surveillance where people have a ‘reasonable expectation of privacy,’ but abuses do occur, and when they do people naturally become paranoid,” Stanley wrote in his letter, giving examples of instances where people, in the privacy of their own homes, could be mistakenly seen as committing a crime.

    Savannah Kumar, attorney for the ACLU of Texas, said the state group also has concerns about the drone program.

    “We have previously raised serious privacy concerns about the Drones as First Responder program,” said Savannah Kumar, attorney for the ACLU of Texas. “These programs require careful scrutiny, as they tend to be costly gimmicks that waste resources, infringe on individual rights, and lead to concerning shifts in policing practices. Our communities deserve better than to have our tax dollars pay for unnecessary police machinery to spy on us from above. We need more transparency around this proposal, but the bottom line is that the police should not have this unchecked ability to monitor our every movement.”

    When asked about privacy concerns in 2023, the Pearland Police Department told the Houston Chronicle that it based its policies for the drone program on legal precedents and would place restrictions on surveillance technology to only emergency-response situations.

    As a transparency measure, the sheriff’s office keeps a log of when and where deputies operate a drone. However, the sheriff’s office did not immediately respond to questions about privacy issues or what the privacy policy would be for the new drone program.

    There needs to be laws and regulations, at both the state and federal level, for drone usage by law enforcement agencies. What is and is not allowed, what records must be kept and made available to the public, best practices, and so on. Even if you trust in the best intentions of these police departments for some reason, they’re going to need the help figuring it out. That also means that the Justice Department needs to start tracking the usage of these drones and collecting data to understand what works and what doesn’t.

    I can certainly see the case for deploying these things. They should be able to help determine when something is a real emergency, or conversely isn’t an urgent matter, when a situation calls for special equipment, and so on. Just as the feds should do some intense data work to help figure out how these things might best be used, the local cops using them ought to define some metrics for themselves, if only to justify the expense. Which isn’t very much right now, but you know how these things go.

    And look, I think we can all see it coming that HPD and the Harris County Sheriff’s Office will be looking into these things. So, ideally, City Council and Commissioners Court and all of the local watchdogs will also pay attention to this. What might we want or not want out of this, if and when we start exploring it. Because we will – I can almost see the twinkle in Mayor Whitmire’s eye over this. Let’s not be surprised when this lands on our doorstep.

    Posted in Crime and Punishment | Tagged , , , , , , | Comments Off on The 911 drones of Montgomery County

    Endorsement watch: The obvious choice in the special election

    The Chron endorses Erica Lee Carter in the special election for CD18.

    Erica Lee Carter

    Erica Lee Carter isn’t her mother.

    “I can never be that iconic,” she told the editorial board.

    When her mother, the late U.S. Rep. Sheila Jackson Lee passed away this summer due to complications from pancreatic cancer, her death was marked by a series of services and memorials across the city, attended by presidents, adoring community members and even Stevie Wonder.

    Between the waves of emotion and activity, Lee Carter, 44, said she couldn’t even consider what it might mean to fill her mother’s shoes — or at least she wasn’t answering the many calls asking her whether she’d put her name forward to fill the now empty seat representing a historic district.

    From electing the South’s first Black congresswoman, Barbara Jordan, to Mickey Leland and Jackson Lee’s years in office, the solidly blue Congressional District 18 is special. Especially so this election when voters there will get to cast their ballot twice: once for a candidate to fill the remaining few months of Jackson Lee’s term and again for the new representative who will take the oath of office in January 2025.

    Eventually, Carter Lee answered the call. She should be the one to finish out her mother’s final term.

    Carter Lee is the only Democrat running in that race and the only candidate with elected experience, having served on the Harris County Board of Education. She said she will honor her mother’s role as a progressive politician and community leader.

    “You’re getting someone with less direct experience in Congress and direct experience in life,” Lee Carter told us, “but you are getting someone as committed to the democratic process, to making sure the 18th Congressional District gets great constituent services, which my mother worked on vigorously, on immigration matters, our veterans,” and someone who believes, “it’s important to support President Biden, which my mother did to the end.”

    With Lee Carter, we think the voters are getting the best candidate.

    This was not a close call, as the other two candidates are more or less non-entities. She’s the only Democrat in this three-candidate race; no other Dems jumped in because she made the most sense. You can listen to my interview with her to see what she has in mind for this short-term gig. The Chron previously endorsed former Mayor Sylvester Turner in the general election for CD18.

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    Dispatches from Dallas, October 11 edition

    This is a weekly feature produced by my friend Ginger. Let us know what you think.

    This week, in news from Dallas-Fort Worth: church scandals and a lot of them; election news; schools news; financial mismanagement details from Fair Park; mismanagement costs the city of Dallas a cricket tournament; a local newspaper pivots away from print; Indy Car racing coming to Arlington in 2026; a local museum opens a second campus; and more.

    This week’s post was brought to you by the music of Duran Duran, because the Guardian had an article about their 20 greatest songs ranked, which is wrong because it omits their best song.

    I’ve been meaning to write a post about the frankly bizarre string of pastoral malfeasance that’s been emerging in Metroplex churches this summer, but the New York Times beat me to it. These are not just tiny churches, but megachurches with national profiles like Gateway, which is one of the biggest churches in the Metroplex with more than 100,000 members. Most of the pastors on the WFAA list mentioned in the NYT article committed sexual improprieties and in a few cases, like Gateway, outright crimes, but as mentioned in the Dallas Observer’s follow-up on the NYT piece, one of the more recent cases involves domestic violence. The DMN’s article on the trend last month described the resignations and removals as the result of “moral failures”.

    Gateway Church has been the center of these scandals: it came out that the founding pastor, Robert Morris, had improper relations with a “young lady” in the 1980s. Then it turned out that the so-called young lady was twelve when the improper relations started and he was already in the ministry. The latest from the DMN on the case is from the parents of Gateway founder Robert Morris’ victim, who deny that, as he claimed, they supported his return to the ministry.

    Gateway’s Houston branch, which is run by Morris’ daughter and son-in-law, renamed itself Newlands Church; Morris’ son, who had been expected to follow his father as leader of Gateway next year when his father was supposed to retire, is starting his own church after he resigned from Gateway’s leadership team. Meanwhile, the mother church is dealing with not just Morris’ crime and the fallout, including a number of leadership resignations, but other suits like one alleging that the youth ministry ignored the grooming and assault of a teen member and another alleging the misuse of tithe money dedicated to missionary work. It’s not a new observation, but one you’ll find repeated several times in these links, but nondenominational megachurches have no safeguards at all, just the honesty or lack thereof in the leaders. It’s absolute power, and you know what they say about absolute power.

    And in case you’ve forgotten another big problem about these megachurches and their unlimited power, here’s the pastor of Lake Pointe Church in Rowlett and Forney reminding us that they also dabble in politics, usually against Democrats. The article notes that the church has 20,000 members and the pastor has 340,000 Instagram followers, many of whom will have heard the pastor’s questionably-legal borderline-political commentary.

    In other news:

    • This Texas Tribune story about flippable districts in the Legislature features several local races: Angie Chen Button v Averie Bishop in Richardson; Morgan Meyer v Elizabeth Ginsberg (my district); Ben Bumgarner v Michelle Beckley in Flower Mound; Mihaela Plesa v Steve Kinard in Collin County. The Richardson race comes in for extra focus because it’s big and showy and Dems keep chipping away at long-timer Chen Button’s numbers.
    • The Star-Telegram has a couple of items about the Senate election. First, former Republican Tarrant County Judge Glen Whitley, Tim O’Hare’s immediate predecessor, endorsed Colin Allred; he also endorsed Mike Collier. Second is a story about Allred and Cruz campaigning in Tarrant County. I had a hard time restraining my eyerolls at Cruz referring to Democrats as communists, but that’s par for the course and not surprising at any event including Tarrant GOP chair Bo French.
    • Texas Monthly has a profile of Dallas’ viral congresswoman, Jasmine Crockett.
    • You may remember a few weeks ago, Fox host Maria Bartiromo made claims that immigrants were lining up to register to vote in Tarrant County and Tarrant GOP Chair Bo French doubled down. The Star-Telegram also followed up on those accusations, and to nobody’s surprise, found there was nothing to them. Tarrant elections chief Clint Ludwig noted for this story that the double-voters presented by French were folks who had changed name or address, so I worry about his ability to stay in his job.
    • There’s a lawsuit brewing in Rowlett about whether a church should serve as an early voting center. Personally I’m in favor of moving voting out of churches, but I’m not in favor of threatening the church’s occupancy certificate to make it happen, as alleged in this case.
    • The Dallas Observer has its expected item on the mess that is the Dallas HERO charter amendments and why we should vote against them.
    • Denton is considering significant campaign finance reform for city elections.
    • A company that makes traffic cameras for the city of Fort Worth has been putting surveillance cameras for HOAs on city right of way without proper permits. Unsurprisingly, this is a big legal mess, both because of the privacy implications of who has access to the camera streams and because it may interfere with gas line access.
    • An investigation into Fair Park’s finances shows that the management company misallocated $5.7 million in donor funds, mostly by putting restricted funds into the general funds. The management group thinks they’ve been vindicated of mismanagement charges and is pointing fingers at Fair Park First. The DMN has more and explains some of the details.
    • The Texas Court of Criminal Appeals overturned the conviction of a Dallas man on Death Row in a shaken baby syndrome case. Andrew Roark’s conviction in 2000 was based on science now considered discredited. This is the same kind of case as Robert Roberson, whose execution date is next week.
    • Dallas City Council is all for fully funding DART, our local transit system, unlike many of our suburbs.
    • Fort Worth ISD has named its interim superintendent following the forced resignation of Angelica Ramsey. Karen Molinar served as interim superintendent before Ramsey’s hiring. This time she’s going for the job herself, which makes sense given she’s been tapped twice now. The Star-Telegram also has the story.
    • You may remember all the trouble Sherman ISD had around the musical Oklahoma! last fall: the trans student, the demand that all students play roles of their assigned gender, the investigation, the superintendent’s departure in May. The DMN got its hands on the third-party report and the whole thing was set off because the now-former superintendent was preventing “same sex kissing on stage”. If former superintendent Tyson Bennett’s job was a victim of the culture wars, it’s because he shot himself in the foot.
    • The Star-Telegram is pivoting to the news future, which they think is online. Starting last Sunday, they’re printing physical papers only on Wednesday, Friday, and Sunday. They’ll prepare an electronic edition every day but the printed paper is no longer sustainable. As a digital subscriber myself, I’m part of this trend, but it worries me even so.
    • I like some of the amenities of the Dallas suburbs (more on that in a bit) but stories like this make me realize I’d never want to live in most of them: a Flower Mound bakery featured Harris-Walz cookies and while they flew off the shelves, they also inspired harassment and even death threats. Apparently there’s a Facebook group for Flower Mound that’s all about making the lives of local businesses miserable if the Facebook folks don’t like their politics. Don’t these folks have something better to do?
    • The Sixty Strikes cricket event that’s being held in Richardson, at UT Dallas, this month was originally planned for Oak Cliff. Turns out that dysfunctional city bureaucracy bungled the development of the cricket pitch and the cricket folks moved to the burbs to get their event together on time.
    • Indy Car racing sponsored by the Rangers and the Cowboys zooming through the streets of Arlington in 2026. The 2 3/4 mile circuit will feature Globe Life Field and AT&T Stadium. More about the launch from the Dallas Observer and the Star-Telegram.
    • And the surburban amenity in Richardson, at UT Dallas, I’ve been waiting for: the second campus for the Crow Museum of Asian Art opened last month. I’ve been a big fan of the tiny downtown museum near the Dallas Museum of Art and the Nasher for years now, and I’m hoping to visit the new, much larger, museum in Richardson later this month to see more of the collection. Note that the Crow in the museum’s name is Trammel, father of Harlan, whom you know in these pages from Six Degrees of Clarence Thomas.
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    Of course Ted Cruz doesn’t want to talk about abortion

    He has nothing good to say and he’s trying not to lose. Simple as that.

    Not Ted Cruz

    U.S. Sen. Ted Cruz has been a loud anti-abortion crusader throughout his political career.

    But as reproductive rights loom over the election season as a key issue for voters, Cruz is uncharacteristically quiet.

    The Texas Republican, running for a third term in the Senate, is locked in a tight race against U.S. Sen. Colin Allred, D-Dallas, who has made restoring access to abortion and blaming Cruz for the toppling of Roe v. Wade central to his campaign.

    This past week, Allred’s campaign, boosted by an influx of cash from Senate Democrats, began airing an ad on TV and streaming platforms across the state that blasted Cruz for his anti-abortion record.

    Texas has banned almost all abortions — including in cases of rape and incest — since Roe was overturned. Since then, Cruz has been more careful about how he engages on the topic. He has repeatedly called abortion a state issue, while offering more vocal support for in vitro fertilization.

    Cruz, through a spokesperson, declined a request for an interview. The Texas Tribune reached out to his campaign eight times over six weeks to ask about his positions, posing nine initial questions via email and several follow ups on topics ranging from his past support for a national abortion ban to how he squares his belief in fetal personhood with his support for IVF — a process which routinely involves the disposal of fertilized embryos.

    Cruz’s campaign did not respond directly to questions, instead providing links to previous statements he had made on the topic in other interviews. Those statements did not address several specific questions.

    You have to respect the effort. The Trib spends the rest of the story going over individual pieces of legislation and rhetorical items and how they all fit into the bigger picture, but really it all comes down to one basic truth: Ted Cruz will never vote for a bill that will make abortion access more readily available, and he will never vote against a bill that makes abortion access more restrictive. It’s just not any more complicated than that.

    Posted in Election 2024 | Tagged , , , , , , , , | 2 Comments

    The data centers of Medina County

    Interesting story.

    When Suzanne and Anthony Stinson married in 1980, they moved to a pioneer-built house outside of Castroville and raised their children on land that had been in his family since the 1840s.

    Back then, “it was all country out that way. You’d have to sit there for a while before a car would go by,” she said.

    But after neighbors sold their land to Microsoft for what the Stinsons say was tens of thousands of dollars an acre, the couple now copes with dust and noise coming from the adjacent site where a data center has been under construction since 2022. The contractor put up plastic sheeting, at their request, and the couple planted a row of trees.

    “It’s sad because they’re taking out agricultural production for cloud space, for computer data,” she said. “You just wonder, why do we need all this?”

    In a county known more for farms that yield corn, cotton and hay than high-tech server farms, Microsoft is doubling down on the already massive data center.

    As the construction site expands, so does the number of such facilities in rural Medina County forcing residents there to reckon with a kind of growth they never expected.

    […]

    Microsoft owns at least 12 parcels of land in Medina County, according to tax records. Many are contiguous parcels and all are located in the eastern part of the county.

    The combination of cheap, available land and abundant energy resources is attracting companies like Microsoft to build data centers in the county, said Medina County Judge Keith Lutz.

    SAT82 also qualified for a 15-year, 80% property tax abatement from the county, he said. Even with the tax abatement, data centers can generate revenue that’s equivalent in property taxes to almost 900 residential rooftops, Lutz added.

    The state also offers tax breaks to qualifying data centers, including a temporary sales tax exemption and other incentives.

    Officials welcome the development of giant server farms in the face of a population boom in the county.

    “We have a tremendous amount of growth going on in this county — people growth — and with that growth comes a lot of challenges, lots of infrastructure [needs] … that we’re going to have to accomplish that are way bigger than just what the county citizens can handle,” Lutz said.

    Medina County has a population of about 51,000, according to the 2022 American Community Survey. In the dozen years leading up to that survey, the county’s population increased 11 out of 12 years, with an average annual growth rate of 1.3%.

    The largest annual population increase was 2.7% between 2020 and 2021, and the following year, the population grew again by 1.93%.

    This influx is occurring in a county where there are 2,200 farms still family-owned, according to the 2022 U.S. Census of Agriculture, and 2020 census data shows 84% of the population resides in a rural area.

    “Sheer panic” is how Castroville Mayor Darrin Schroeder described the city’s reaction to the approaching sprawl from San Antonio and the development that’s occurring as landowners sell off their farms.

    “We’ve had this influx of growth,” he said of residential and commercial projects already in progress in the city and adjacent to its borders. “The current development agreements have tripled the size of the city [and that’s] just with the ones that we’ve already nailed down. And we still have many more to go.”

    I’ve talked a bit about Medina County, which has been on my radar as a small-but-growing red county next to a large blue urban county. Medina voted 69% for Trump in 2020, though that represented just under 23K total votes. But places like Medina, and there are a lot of them, go a long way towards cancelling out the Democratic growth in the big urban areas. We have to pay attention to them and figure out a strategy for blunting their impact.

    Reading this story made me think about the recent cryptomining noise articles. Like this, the building boom was taking place in a small, dark red, exurban county, whose residents were none too pleased with the changes. The big difference is that the data centers are actually useful, and as this story noted Microsoft is actually a pretty good steward of energy resources and the environment. Opposing the cryptominers is both a political opportunity for Democrats and objectively beneficial, while opposing the data centers feels to me like NIMBYism to no good end.

    That said, while wannabe legislators and statewide Dems could get involved against the cryptominers, it’s candidates for local office in Medina County who might explore ways to soften the blow of data center expansion in their neighborhoods. A path forward is less obvious to me, but I have no doubt something worthwhile exists. I’m just putting it out there as something to think about. I’ve no doubt other counties like Medina are facing similar issues.

    Posted in The great state of Texas | Tagged , , , , , , , , | Comments Off on The data centers of Medina County

    Latest lawsuit against Deshaun Watson gets settled

    That was quick.

    The latest sexual assault lawsuit against former Texans quarterback Deshaun Watson has been settled less than a month after being filed.

    Houston attorney Tony Buzbee on Monday night confirmed the settlement to Pro Football Talk and the Associated Press

    “We have now resolved our client’s claim with Deshaun Watson,” Buzbee told the NBC-affiliated website. “The settlement is confidential.”

    The lawsuit was the latest claim of assault made against the Cleveland Browns quarterback, who played in Houston from 2017 to 2021. He had previously settled dozens of lawsuits filed by other women who said he assaulted them while he played from the Texans.

    […]

    At least two other lawsuits against Watson are still pending. One of those lawsuits, filed in 2022, is scheduled for a hearing later this month, according to Harris County District Court records.

    See here for the previous update. One of the two remaining active lawsuits is a Buzbee lawsuit, but not the one that has the hearing this month. I hope this client feels like she got something resembling justice out of this. The Athletic has more.

    Posted in Legal matters | Tagged , , , , , , , , , , | Comments Off on Latest lawsuit against Deshaun Watson gets settled

    Texas blog roundup for the week of October 7

    I thought the rules were that this Texas Progressive Alliance roundup would not be fact-checked. Not that we had anything to worry about.

    Continue reading

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    Interview with Rhonda Hart

    Rhonda Hart

    From the Railroad Commission to Congress today, where we meet a candidate that I specifically wanted to meet. I wrote about Rhonda Hart after she announced her candidacy in CD14, a red district with a truly awful incumbent (yes, even by Texas standards) in part because of her compelling story. Her 14-year-old daughter was murdered in the mass shooting at Santa Fe High School in 2018, and like many such parents before her she has been working tirelessly to improve our nation’s excessively lax gun laws. She actually managed to get a bill named for her daughter through Congress, one that would put some requirements on safe storage for guns in the home, but it did not pass the Senate. That still gives her a better record for passing legislation than the incumbent. She’s also a military veteran and the kind of person with grace and humility that we ought to want more of in Congress. Listen here and see for yourself:

    PREVIOUSLY:

    Erica Lee Carter, CD18 special election
    Sylvester Turner, CD18 general election
    Lindsay London, Amarillo Reproductive Freedom Alliance
    Plácido Gómez and Dani Hernandez, for the HISD bond
    Ruth Kravetz of CVPE, against the HISD bond.
    Katie Shumway, League of Women Voters Houston
    Teneshia Hudspeth, Harris County Clerk
    Katherine Culbert, Texas Railroad Commission

    Posted in Election 2024 | Tagged , , , , , | Comments Off on Interview with Rhonda Hart