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July 2021 campaign finance reports: Congress

It’s July, and that means its campaign finance report season. I’m going to do a tour through the finance reports as I have done before, beginning with Congressional reports. I have posted reports from January 2021, which is the completion of the 2020 cycle, and the October 2020 reports, which gave a look back on that cycle and the 2018 cycle, but these are the first reports I’ve posted from the 2022 cycle, not counting the CD06 special election. Because we’re in that weird pre-redistricting period, when no one knows what districts will be where, there’s not a lot of new candidate activity. The list of mostly incumbents below will likely change over time, but for now here are some reports that may be of interest.

Dan Crenshaw – CD02
Van Taylor – CD03
Lizzie Fletcher – CD07
Morgan Luttrell – CD08
Mike McCaul – CD10
Vicente Gonzalez – CD15
Monica de la Cruz Hernandez – CD15
Chip Roy – CD21
Troy Nehls – CD22
Matthew Berg – CD22
Tony Gonzales – CD23
John Lira – CD23
Beth Van Duyne – CD24
Derrik Gay – CD24
John Carter – CD31
Donna Imam – CD31
Colin Allred – CD32


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
02    Crenshaw      5,184,216  3,143,696        0  3,893,234
03    Taylor        1,137,073    250,293        0    909,277
07    Fletcher      1,225,493    182,475        0  1,104,114
08    Luttrell        461,429     12,672        0    448,757
10    McCaul          745,285    260,682        0    492,336
15    Gonzalez        607,467    454,132        0  1,523,826
15    Hernandez       438,341    218,901        0    226,945
21    Roy             678,470    385,959        0    756,093
22    Nehls           312,512    112,897        0    218,821
22    Berg            113,753     41,564    5,100     72,189
23    Gonzales      1,088,487    331,330        0    788,516
23    Lira            100,789     49,833        0     50,955
24    Van Duyne     1,084,713    296,053        0    857,070
24    Gay
31    Carter          429,329    216,023        0    413,711
31    Imam              7,682          0        0      7,682
32    Allred        1,216,765    329,397        0  1,046,790

Couple of things. I’m including Republicans here mostly because there just aren’t that many reports of interest otherwise. That will likely change later, but for now this is what I’ve got. I’ve no idea what districts will be of interest this cycle yet, but we know these were all of interest last time. CD08 is an open seat, and as you can see there’s a candidate who has established a presence to note. CD34 is also an open seat, but as yet no one has filed a report with anything of substance. There are a couple of Democrats filing reports in CD30, where longtime Rep. Eddie Bernice Johnson may or may not step down – she’s had challengers in most of the last few cycles, but no one has come close to really threatening her.

So far there are announced Democrats in four districts that were competitive in 2018 and 2020, and will likely be at least somewhat competitive in 2022. Derrik Gay and Donna Imam, who was the CD31 challenger in 2020, entered late enough in the cycle to not have anything to report. I find it somewhat heartening that even without knowing what the districts will look like, Matthew Berg and John Lira started out with totals over $100K; as you recall, almost no Dem challengers raised as much as $100K for the entire 2012 cycle. We’ve come a long way from that. That said, freshman incumbents Tony Gonzales and Beth Van Duyne are not taking their upcoming challenges lightly.

Along with the now-open CD34, CD15 was unexpectedly close in 2020, and the challenger from that cycle is back for another crack at it. Monica de la Cruz Hernandez raised some decent money, but incumbent Vicente Gonzalez maintains a strong lead in cash on hand. For all of the districts with two candidates, I listed the incumbent first.

Not much else to say here. Given when we’ll get the apportionment data, and assuming we’ll have the redistricting-oriented special session in September as expected, we probably won’t get a feel for who’s running for what until the Q4 reports come in next January. There will probably be some further announcements before then, and there’s always the possibility than an incumbent will choose to step down, but everything is written in pencil until we know what the new districts – including the two extra ones – look like.

UPDATE: This was drafted before State Rep. Michelle Beckley announced her intent to run in CD24. Her July report from the TEC is here – she reports $25K on hand, with her ability to raise funds limited by being in session for most of the year. Also, there is now a candidate in CD10, but he announced in July, so we won’t see a report from him until Q3.

The case against moving the Paxton trial back to Collin County just got more interesting

Best mugshot ever

All right, settle in for a minute, this is going to take a bit of explaining, and there’s no accompanying published news story that I know of. Way back in March of 2017, visiting District Court Judge George Gallagher (from Tarrant County), who was appointed to preside over the Ken Paxton trial in Collin County after literally every other District Court judge there recused themselves, ordered the trial to be moved from Collin County. A couple of weeks later, in April, he set Harris County as the venue. There was a note in one of the news stories about this that I gave no real thought to at the time, which was that “Paxton respectfully advises the Court that he will not be giving the statutorily-required written consent… to allow the Honorable George Gallagher or his court staff to continue to preside over the matter in Harris County”.

Judge Gallagher declined to step down, but Team Paxton pursued the matter, initially repeating the assertion that they did not give permission for Gallagher to follow the case to Harris County, but later asserting that Gallgher was no longer able to be judge because his appointment had expired at the end of 2016. (Note that we are now in May 2017 in this timeline, this becomes important later.) At the end of May, the 5th Court of Appeals sided with Paxton and ordered Gallagher off the case, voiding his rulings after the one that moved the case to Harris County. In June, the case was officially reassigned to Criminal District Court Judge Robert Johnson in Harris County.

After that, we settled into a long fight about the pay for the special prosecutors, culminating in a muddled ruling from the Court of Criminal Appeals in June of 2019 – yes, now two full years after the case was moved to Harris County. The issue of prosecutor pay was before Judge Johnson, but before he could begin to get anywhere on it, Team Paxton asked for the case to be moved back to Collin County; we are now in July of 2019. In December of 2019, Judge Johnson said he would rule on that Real Soon Now. That turned out to be six months later, in June of 2020, though that ruling had to be affirmed in October by a different judge, because Judge Johnson recused himself after it was pointed out that Paxton’s office was representing Johnson (among others) in the ongoing cash bail litigation. (That was yet another weird sideshow in a saga that has been little but sideshow, but never mind that for now.) Ultimately, Judge Johnson agreed with Paxton that Judge Gallagher’s ruling that sent the trial to Harris County was invalid because Gallgher’s term had expired at the time he made that ruling. In May of 2021, a three-judge panel on the First Court of Appeals agreed.

Just a little recap here, Judge George Gallagher was appointed to preside over the Paxton trial in July of 2015 by the administrative judge of the Second Court of Appeals (Mary Murphy). That appointment expired on January 2, 2017, but no one said anything at the time. In April 2017, Judge Gallagher ordered the trial moved to Harris County, where he would preside, but Paxton declined to approve his continued service (as is required by state law in these matters) and then filed a motion in May to boot Gallagher from the case because his appointment had expired back in January. That motion was granted later in May, Judge Johnson was randomly selected by the Harris County District Clerk in June, and on we went. Then in 2019, Paxton filed a motion to move the case back to Collin County, claiming now that Judge Gallagher’s original ruling to move the case was also invalid, again because his appointment had expired. That motion was granted and was upheld on appeal, which is now on hold as the special prosecutors have requested and were granted an en banc hearing to reconsider.

OK, now that we are caught up, you may be wondering why there was a four-month gap between when Gallagher’s appointment expired and Paxton first filed a motion that was based on said expiration. You may also note that said motion came shortly (but not immediately) after Gallagher’s order moving the trial to Harris County. Is that timing maybe a little convenient? I’m glad you asked, because that very subject comes up in the reply filed by the special prosecutors. I would encourage you to read that filing – it’s not very long, and it contains high doses of shade thrown by the special prosecutors at Paxton. We have previously seen how lethal and entertaining they can be when served a pitch in the zone, and you will get a good laugh out of their efforts this time as well.

But what’s crucial is this: Errors like nobody noticing that Judge Gallagher’s appointment had lapsed happen. Remember, his appointment had been made more than a year before, and I guess no one put a reminder on their calendar to ask for it to be re-upped. Normally, such minor errors are trivially resolved, but the thing is that the law requires any objections made to such a lapsed appointment be made in a timely fashion, and at one’s earliest opportunity. Paxton claimed that’s what they did, and in the initial First Court ruling, it was noted that there was no evidence to suggest otherwise. Except, as it turns out, they did know, and in fact they knew ahead of time, and then sat on that information until it was convenient to them to wheel it out. How do we know that? Because, as it turns out and as the special prosecutors managed to discover in the interim, there was an email sent by Administrative Judge Mary Murphy to Paxton’s defense team on April 24, 2017 – after Paxton refused to give his consent to Gallagher’s continued service on the trial, but before he first claimed that Gallagher was no longer allowed to continue because his appointment had expired – that sent them copies of communications about Gallagher’s appointment from July 2015, and which they said they had previously sent in November of 2015. In other words, Paxton received an inadvertent reminder of the appointment expiration from Justice Murphy in April 2017, right before he started arguing about it. He had that information all along, but did not do anything about it. And then it landed in his lap again, and they took advantage.

Again, I urge you to read the filing (the Team Paxton filing, which preceded this by about a week, is here. They lay out the argument for why Paxton “sandbagged” the court (their words), and show all the opportunities Paxton had to object to Gallagher’s continued presence on the case after the expiration but didn’t do so. That, they argue, invalidates the later objections based on the lapsed appointment because they didn’t do it in a timely fashion, and what’s more they knew or should have known they weren’t timely. I just wanted to provide a longer-than-I-originally-planned review of how we got here. The bottom line is that the special prosecutors’ argument is that the original rulings that ordered the case back to Collin County were in error, and they have a new piece of evidence to show why it was in error. Now we just have to wait and see what the First Court of Appeals does with that information. As you can see from this post, we may be waiting for awhile. But hey, at least we’re used to that.

The A&M and AAC responses to UT and OU and the SEC

Moving from denial to bluster.

Texas A&M athletic director Ross Bjork has a message for any newcomers to the Southeastern Conference: “We’re ready.”

Texas and Oklahoma are preparing to exit the Big 12 and join the SEC, just as A&M did nearly a decade ago. The Longhorns and Sooners are expected to inform the Big 12 this coming week and begin preparing for their pending exits — and how soon they join the SEC (whether by 2022 or as late as 2025) is to be determined.

“We believe that throughout our time in the SEC, Texas A&M has become stronger than ever,” Bjork told the Houston Chronicle on Saturday. “We’re the largest university in Texas and in the SEC. We have 550,000 former students. We’re knocking on the door of the College Football Playoff, and our women’s basketball team is the reigning SEC champion. We’ve got so many Olympians. There are so many great things and strengths about our program.

“As you look at all of this and our landscape, our position is, ‘Who wouldn’t want to join?’ The SEC is in the best position to lead in this transformative time in college athletics, and obviously there are others wanting to join us in that journey. Here in Texas, we’ve paved that way, and we’ve been leading that way over the last 10 years.”

A&M and other SEC programs apparently were largely kept out of the loop on informal discussions among UT, OU and the SEC in recent months, and Bjork said A&M is addressing that with the league.

“Those conversations are being had … there are definitely procedural matters that need to come forward, and those things are being discussed,” Bjork said.

A&M is pivoting from its early stance when the Chronicle broke the news on Wednesday at SEC Media Days that UT and OU intended to join the powerful conference.

See here, here, and here for the background. I can’t blame A&M for feeling blindsided by this, but their first mistake was in thinking that anyone outside Aggie Nation cared. It’s all about the money, y’all.

I also found this amusing.

Back in summer 2016, schools from the so-called Group of Five lined up to make elaborate pitches to join the Big 12.

For three months, the University of Houston was among the reported favorites, along with Cincinnati, to join the Big 12. It would have been a monumental moment for Houston, which has long desired a seat at college football’s table of power brokers — and the exposure and lucrative payout that come with it.

It all turned out to be a three-month charade. The Big 12 eventually decided against expansion. Tilman Fertitta, UH’s deep-pocket board of regent chairman, blasted the process, calling it “a total sham” … “PR play” … “biggest ramrod, railroad, ever.”

Five years later, conference realignment is back on the table. This time it’s not just talk. As early as this week, Texas and Oklahoma are expected to declare their intention to leave the Big 12 for the SEC.

That once desirable Big 12 destination that had schools tripping over each other for admission like a sold-out concert. Not so desirable anymore.

And once on the verge of being raided, the AAC could open its doors to some, if not all, of the eight remaining teams from the Big 12, a group that includes Baylor, Texas Tech and TCU.

The AAC will not take a wait-and-see approach and instead will be aggressive in pursuit of the Big 12’s leftovers, an industry source confirmed Saturday. The Athletic was the first to report the AAC’s intentions.

For what it’s worth, in my previous update I linked to a Yahoo News story that suggested it would be the diminished Big XII that would be aggressive in courting AAC schools to join them. That has been the normal flow of events in the conference-hopping game, though one must admit that “Big XII minus UT and OU” is a lot less formidable, and maybe not so much bigger or grander than the AAC or the Mountain West. I just enjoyed the Mouse That Roared energy from this story. Maybe it plays that way and maybe it doesn’t, but I suppose there’s no harm in assuming one is now on equal terms with a former big boy. Where it stops, nobody knows.

Weekend link dump for July 25

“Sorry, Leonard Leo. If you wanted someone without a sense of humor, you probably shouldn’t have tapped a 44-year-old from Teaneck, New Jersey. Also, your party should probably have nominated a senate candidate who wasn’t credibly accused of sexual impropriety with multiple teenage girls.”

“Not surprisingly, many of Trump’s supporters don’t approve of how their dear leader is displayed on TV, and they’ve been very quick to let the FCC know. Roughly 360 pages of anonymous grievances from “SNL” viewers dating back to 2017 have been published on Government Attic, thanks to FOIA requests. And wow, they’re a doozy.”

“What do you get when thirty liars write thirty books? Thirty lying books.”

“Researchers have found that “expiration” dates — which rarely correspond to food actually expiring or spoiling — are mostly well-intentioned, but haphazard and confusing. Put another way, they’re not expiration dates at all. And the broader public’s misunderstanding about them is a major contributor in every single one of the factors I named above: wasted food, wasted revenue, wasted household income, and food insecurity.”

“You hear somebody that’s got $200,000 or $300,000 in debt, they almost surely went to graduate school. They didn’t borrow that much money from the Department of Education to get a bachelor’s degree.”

“American kids watched so much Peppa Pig during the pandemic they now have British accents“. Gotta admit, I don’t mind that my kids were too old for Peppa.

The simple reason why ratings for the Emmy awards are down.

“If I were a multi-billionaire, what would I do with my money? […] I would dedicate my fortune to destroying Fox News. I would do it any way I could. Marketing. Lawsuits. Boycotts. Talent poaching. Cable access. Making Rupert Murdoch’s life miserable. You name it. Nor would I have any qualms about playing fair. You have a plan for a space-based laser that interferes with Fox News broadcasts and makes them unwatchable? Great! Here’s a hundred million to give it a go.”

“How Sketchy Data Scavengers Are Using Hatred Of ‘Big Tech’ To Attack Plans To Make The Web More Private”.

“Hey everyone having politicized arguments about vaccine hesitancy/refusal: Are you sure you’re talking about the same people? Let me explain.”

“The last 48 hours on here have been all about The Vaccine Discourse. Is FB killing people? Is the govt passing the buck? Who even can tell what IS misinformation, and who watches the watchmen, anyway? I’ve spent ~7 years watching the AV movement evolve online and have thoughts”.

Of COURSE it’s “Mary’s dress sways”. How was this ever a question?

Screw Jeff Bezos. I’m happy that Wally Funk got to go up into space.

The goal has to be to eliminate COVID-19. Not live with it. Because we really can’t.”

“Many experts have argued that, even with Delta, the United States is unlikely to revisit the horrors of last winter. Even now, the country’s hospitalizations are one-seventh as high as they were in mid-January. But national optimism glosses over local reality. For many communities, this year will be worse than last.”

“The Pentagon’s watchdog said on Tuesday it would evaluate the safety protocols surrounding the president’s “nuclear football” – containing codes needed for a strike – after one such briefcase nearly came within range of rioters storming the Capitol on Jan. 6.”

The “conservative pr0n star” who got canceled at CPAC. It’s even stranger than it sounds.

“As more people are vaccinated (and all else being equal), total hospitalizations will decrease but the *percent* of vaccinated hospitalizations will increase, not because the vaccines aren’t working, but because there are more vaccinated people and fewer hospitalizations overall.”

“So Donald Trump isn’t going anywhere because he has finally found a swindle in American politics where he can quite literally just ask people for money and they simply give it to him by the millions. It’s not complicated. It never is with Trump.”

It’s not vaccinated people that are dying

Numbers don’t lie. It’s the unvaccinated that die.

Of the 8,787 people who have died in Texas due to COVID-19 since early February, at least 43 were fully vaccinated, the Texas Department of State Health Services said.

That means 99.5% of people who died due to COVID-19 in Texas from Feb. 8 to July 14 were unvaccinated, while 0.5% were the result of “breakthrough infections,” which DSHS defines as people who contracted the virus two weeks after being fully vaccinated.

The agency said nearly 75% of the 43 vaccinated people who died were fighting a serious underlying condition, such as diabetes, heart disease, high blood pressure, cancer or chronic lung disease.

Additionally, it said 95% of the 43 vaccinated people who died were 60 or older, and that a majority of them were white and a majority were men.

DSHS noted that these are preliminary numbers, which could change because each case must be confirmed through public health investigations. Statewide, more than 50,000 people have died of COVID-19 since March 2020, but the rate of deaths has slowed dramatically since vaccines became widely available in April.

Dr. David Lakey, the chief medical officer of the University of Texas System, said people succumbing to the coronavirus despite being vaccinated was “not unexpected.”

“No vaccine is 100%,” said Lakey, who is also a member of the Texas Medical Association’s COVID-19 task force. “And we’ve known for a long while that the vaccines aren’t 100%, but they’re really really good at preventing severe disease and hospitalizations. … There will always be some individuals that will succumb to the illness in the absence of full herd immunity.”

He added that 0.5% is “a very low number of individuals in a state of 30 million. … In the grand perspective of everything, that’s not a large number that would call into question at all the use of this vaccine.”

I should note that some of those 43 vaccinated people who died may have had other comorbidities, we don’t have enough data on that. But still, we’re talking a tiny fraction. One out of two hundred. Which group would you rather be in?

Need more? Go look at these charts from the CDC, one of new COVID cases and one of COVID deaths. The spike in new cases is much higher than the increase in deaths, because vaccinated people who still get COVID get a much milder version of it. They don’t go to hospitals, and they don’t die. If more people were vaccinated, that first chart wouldn’t have that big uptick in it, either.

And one more thing:

Just three states are now driving the pandemic in the United States, as the divide between vaccinated and unvaccinated regions of the country becomes ever more stark, as the more transmissible Delta variant of the coronavirus spreads.

Forty percent of all new cases this week have been recorded in Florida, Texas and Missouri, White House pandemic response coordinator Jeff Zients revealed at a press briefing Thursday.

Florida alone accounts for 20 percent of all new cases nationally, Zients pointed out, a trend that has stretched into its second week.

Zients added that “virtually all” hospitalizations and deaths — a full 97 percent — are among unvaccinated people. “The threat is now predominantly only to the unvaccinated,” he said. A few vaccinated people do experience so-called breakthrough infections, but they tend to experience only mild COVID-19 illness, or no illness at all.

Encouragingly, Zients said the five states that have experienced the most significant rise in infections — Arkansas, Louisiana, Florida, Nevada and Missouri — all also saw vaccination rates beat the national average for a second week in a row. But because immunity takes two weeks to develop, and the Delta variant spreads so rapidly, the benefits of the increased uptake of vaccinations may not be evident right away.

Singling out the three states where infections are now spiking could have the effect of putting pressure on elected officials there to do more to encourage vaccinations.

One of those elected officials is Greg Abbott, and we know how much he cares. But maybe some other people are less resistant. The numbers don’t lie.

More masking

In Travis County.

Public health officials in Austin and Travis County are now encouraging vaccinated people to wear masks both indoors and outdoors, and for those unvaccinated to stay at home except for essential needs — the first major city in Texas to take such a step.

This comes as the highly contagious delta variant continues to spread across the state, pushing the county’s seven-day average of new hospitalizations to 35 — the threshold for Stage 4 of the area’s COVID-19 risk-based guidelines.

County officials made the announcement in a virtual news conference Friday morning. Under Stage 4, officials want residents — vaccinated and unvaccinated — to wear masks at all times in public, and for unvaccinated people to only leave their homes for essential trips.

The city can’t enforce the restrictions, however, because Gov. Greg Abbott banned all local pandemic-related mandates in May. The recommendations differ from those of the U.S. Centers for Disease Control and Prevention, which says it safe for people who are fully vaccinated to “resume activities that you did before the pandemic without wearing a mask or physically distancing.”

It was just last week that Austin had gone to Stage 3. Of course as noted they can’t make anyone do any of this. They can just ask nicely and recommend as hard as they can.

Fort Bend is doing likewise.

Fort Bend County officials highly encourage people to wear masks indoors and get vaccinated as the highly contagious Delta variant spreads through the community.

A month after confirming the presence of the Delta variant in Fort Bend, health officials have detected an increase in the COVID-19 test positivity rate and in the number of cases, hospitalizations and ICU admissions, said Dr. Jacquelyn Minter, director of the county’s health and human services department.

In the past week, roughly 77 percent of the reported cases were the Delta variant, Minter said. The vast majority of cases of severe illness involve people who are unvaccinated. There has been a spike in the number of infected young adults.

“We are finding that this variant is especially adept at spreading in close groups of unvaccinated people,” Minter said.

Officials recommend that people who are vaccinated and unvaccinated wear masks indoors, practice physical distancing and wash their hands. County staff will post signs recommending that people mask up.

“This is a preventive action that is being asked,” said County Judge KP George. “This is not a mandate. But it is strongly advised to reduce the number of infected people.”

Harris County has gone up a notch as well, and it won’t surprise me if they take the next step. Just as a reminder, masking and social distancing did a pretty good job of keeping things under control when there was no vaccine. If we could at least do that, we could get this back under control pretty quickly. I think we all know that the overlap between “won’t get vaxxed” and “won’t wear a mask” is pretty high, so keep your expectations in check. If only there were some way to do more than encourage and recommend…

One more with UT, OU, and the SEC

It’s happening. I know, it’s early, and there’s resistance, and stuff can happen, but come on. It’s happening.

Texas and Oklahoma are prepared to inform the Big 12 they will not renew their media rights agreement with the league when the current deal expires in 2025, a conference-shattering move that could come as early as Monday morning.

A Big 12 source confirmed both the Longhorns and Sooners are preparing to break from the league they helped found in 1994. The Chronicle reported on Wednesday that the schools had discussed a move to the SEC and that an announcement could come in the next few weeks. Declining to extend or negotiate a new media rights agreement (first reported by Dallas television station WFAA) with the Big 12 and providing notice of intent to withdraw to will allow Texas and OU to formally begin the process of aligning with a new conference.

But Texas and Oklahoma would still be bound by the grant of rights, which bestows the schools’ first- and second-tier media rights to the Big 12. If Texas and Oklahoma exit prior to June 30, 2025, when that agreement expires, the Big 12 gets to keep the TV money a school generates even after it leaves.

Withdrawing members are also obligated to pay a commitment buyout fee. That amount is equal to conference media rights distributions that would otherwise have been paid out to the program(s). The Big 12 distributed $34.5 million each to its 10 member schools during the 2020-21 fiscal year, a $3-million drop from the previous year due to effects from the COVID-19 pandemic. Big 12 commissioner Bob Bowlsby believes distributions could jump to $40 million or more next fiscal year, which could make Texas’ potential buyout hit $80 million.

Even with all the potential obstacles – Texas A&M’s fervent objections, vitriol from the rest of the Big 12, an effort by some Texas and Oklahoma representatives to turn conference realignment into a legislative issue – the belief is Texas and Oklahoma are bound for a new conference sooner rather than later.

See here and here for the background, and here for the WFAA story. The money issue will work itself out one way or another, even if it is just a matter of waiting until the current agreements expire. I suppose that might give the legislators now frantically filing bills and making unanswered phone calls to Greg Abbott some time to throw up obstacles to UT, but I don’t believe there’s a force in this world that will stop the money train. Nothing ever has.

Assuming this does happen – and you should be – there will be massive ripple effects throughout the rest of the NCAA, just as there were a few years ago when we last went through a big round of inter-conference shuffleboard.

Expect the Big 12 to be aggressive in adding schools. It’ll knock on doors at Arizona and Arizona State. Perhaps it’ll try and lure Colorado back and pry Utah. The Pac-12 is weak now, but the core of USC, Oregon, UCLA and Washington are all more attractive to be aligned with than any of the Big 12 schools.

From there, the Big 12 will decide how big it wants to get. It has to decide whether to add two, four or six schools. Four seems like the most reasonable number, with Cincinnati, UCF, USF, BYU and Boise State the most likely candidates from outside the state of Texas. The potential addition of Houston and SMU becomes complicated, as Baylor, TCU and Texas Tech wouldn’t have much interest in more in-state competition.

Remember, it’s streaming subscriptions, not cable boxes, that matter most. BYU would appear to have the best option for that, with its national following. But BYU is always complicated, which prevented the Big 12 from adding it in 2016 when the Cougars’ complicated LGBTQ history became a factor.

UCF and USF have great markets, but would the Big 12 want two Florida footholds? Cincinnati is a preseason Top 10 team that has been working hard behind the scenes to build for this moment. It also brings a big market and fertile recruiting area.

This is all sub-optimal for the American Athletic Conference, as it’ll be a familiar trickle-down. In a similar food chain fallout that followed the ACC cannibalizing the Big East a decade ago, the Big 12 will go after the most attractive AAC candidates. The AAC will do its best to hold on to its top programs but a reconstructed Big 12 without Texas and Oklahoma should offer a more attractive financial landing spot than the current AAC.

[…]

The ACC is in a difficult spot because it ate a bad deal from ESPN to get a linear network. Now it is frozen for two decades in an antiquated agreement, as the ACC gives schools more than $32 million per year.

[ACC Commissioner Jim] Phillips needs to do something dynamic to blow up that deal and get back to the bargaining table. Those options are limited, and ESPN isn’t going to be eager to give up a sweetheart deal on its end.

The loss of Texas as an option is a huge blow to the ACC’s ambitions, as multiple sources indicated that the ACC was caught by surprise Wednesday. The ACC’s other big play was Notre Dame, but the league failed to use any leverage it had on Notre Dame as a quasi-member the past few years. The new College Football Playoff proposal doubles as a security blanket for Notre Dame’s independence, which means little incentive for it to find a league home. Especially with its own lucrative TV deal coming.

The best remaining option for the ACC will be some type of scheduling arrangement or merger with the Pac-12. And that hints at another potential ripple from this move – is this going to be remembered as the pivot point toward super conferences?

There has long been a notion in college athletics that the Big Ten and SEC were pulling away from all the other leagues because of the financial success of their networks and the corresponding success on the field. Now, the Big Ten will go to market without the adrenaline jolt that the SEC got in its deal. The only corresponding move the Big Ten could make would be a play for Notre Dame, but that remains unlikely because of how secure Notre Dame’s future is in the new football playoff.

The issue for the Big Ten would be that Ohio State is isolated as the league’s power. Could the Big Ten leverage the potential of its next deal with a move to answer, adding Virginia, Georgia Tech, Florida State, North Carolina and Clemson to cover the league’s Eastern flank and fortify the Interstate 95 corridor? There will be pressure on Warren to be bold. But the ACC is protected by a grant of rights through the length of its TV deal.

“It’s about combining forces now,” said a high-ranking college official. “Who teams up with who? Do we end up with four leagues? Do we end up with three? Or do we go to a 32-team NFL model. This is going to be earth-shattering.”

[PAC 12 Commissioner George] Kliavkoff joked on Twitter about his active first month as commissioner getting more interesting. The Pac-12 is last in line to go to market, and there’s a feeling that it needs to do something creative. There’s still great value in the West Coast, even if the football has been subpar for the past five years. But this move, the Big Ten deal and an upcoming deal for Notre Dame potentially put the Pac-12 in a position of weakness thanks to a lack of suitors.

The ripples of this potential SEC deal will be felt from coast to coast. And it’s not good news for any of the other leagues because of how much ESPN oxygen this sucks up. As one industry source put it: “The current schools in the SEC wouldn’t agree to this if all of a sudden their games are relegated to ESPNU. It’s not just money, it’s exposure.”

The ACC, PAC 12 and Big 10 all have new commissioners whose jobs just got a lot more stressful. New Big 10 Commissioner Kevin Warren had his first media day after the UT/OU story broke, and that subject was a big part of the conversation. I have no idea what’s going to happen, but assume that whatever the college football world looks like now – and as that Yahoo story notes, this is entirely driven by football, with basketball at best an afterthought – it will be different soon. If your school isn’t part of the action, it’s being left behind. I don’t make the rules and I don’t like it any more than you do, but that’s how it is.

Day 11 quorum busting post: The Beto factor

Early on I mentioned how one potentially limiting factor in the Democratic exodus to Washington DC was funding, as housing and feeding 50+ people in the Capitol for up to four weeks would run into some money. Turns out, Beto O’Rourke had that covered.

Beto O’Rourke

Beto O’Rourke has funneled $600,000 to Texas House Democrats in Washington, D.C., to help fund their stay, which could last for up to another two weeks as the lawmakers attempt to block passage of a GOP election bill at the state Legislature.

Powered by People, the group started by the former presidential candidate and El Paso congressman, will wire the funds to the Texas House Democratic Caucus sometime this week, according to state Rep. Armando Walle, D-Houston.

The money will be used to help offset costs for lodging, meals and transportation as over 50 Democrats and roughly two dozen staffers stay in the nation’s capital. Members left Texas about 10 days ago and have said they plan to stay out of state until after the special session ends Aug. 6.

The funds will also help pay for costs associated with a virtual voting rights conference the caucus helped to host this week, Walle told The Texas Tribune on Wednesday.

O’Rourke announced the news during that virtual conference Thursday morning, saying that his group will continue fundraising for the Democrats in Washington.

“We’re gonna make sure that we get the full amount, 100% of what’s raised, to y’all,” he told lawmakers. “It is the least that we could do for everything that you all are doing for us. We want to do more.”

Walle said that the infusion of funds will go toward Democrats’ goal of raising $1.5 million to continue to help pay for the bills while in Washington. The caucus, he said, is “on a good pace to meet that goal.”

There are a number of ways that this exodus could end badly for the Dems. Running out of money and having to visibly scramble to cover living expenses would be one of them, made worse only by having to slink back home because there were no other choices. That outcome at least should be avoided, for which we can all be grateful. (And we could chip in a few bucks, if we felt so moved.)

And Beto’s role in this is appreciated.

Whether Beto O’Rourke is ready to run for governor or not, the Texas House Democrats’ fight over voting rights has already given him a springboard if he decides to take the plunge.

Over the past several weeks, the former presidential candidate from El Paso has been their biggest promoter, holding fundraisers with celebrities, co-organizing a 1960s-style civil rights march with prominent national leaders, and writing big checks to cover expenses for the Texas House and Senate Democrats who fled to Washington, D.C. to stop an elections bill.

It has all given O’Rourke a new boost of national media interviews and political relevance at a critical time for statewide candidates in Texas to build momentum if they are going to have a shot in an election cycle that starts faster than in most states because of the early primaries in March.

“They are keeping the coals hot on issues like election reform and redistricting, which Beto would try to leverage in 2022,” said Brandon Rottinghaus, a University of Houston political science professor.

While Democratic activists are pushing O’Rourke to get into the governor’s race, he insists he’s not thinking about that right now and is focused on fighting the elections bills Texas Republicans are trying to pass.

[…]

What O’Rourke is doing is a rarity in Texas politics, an arena where few are willing to pitch in without getting payback, said state Rep. Trey Martinez Fischer, D-San Antonio.

“He’s built an authentic platform with a lot of Texans and put it to good use to help us,” he said.

State Rep. Armando Walle, D-Houston, said the donations that O’Rourke has been sharing have been a big morale boost. He said seeing so many Texans giving small donations to help the cause has lifted spirits as the Democrats in D.C. push ahead.

“It’s meant the world to us,” Walle said. “It’s been a shot in the arm.”

Yet while O’Rourke may not be looking for an immediate tradeoff, he still benefits in a big way from what the House Democrats have done.

Rottinghaus said the Democrats’ battle over voting rights has teed up the very issues that O’Rourke would want to talk about on a campaign for governor.

“Now all they need is for him to step into the tee box,” Rottinghaus said.

One can only hope that is being communicated. I feel reasonably confident that Beto will have plenty of volunteer and establishment energy if and hopefully when he announces his candidacy. In the meantime, he’s definitely helping.

Sure, let’s have a fraudit here in Texas

What could possibly go wrong?

Unfair to clowns, honestly

Republican House members are seeking a forensic audit of the November election results, but only in Texas’ largest counties that mostly went for Democrat Joe Biden.

Legislation filed by Rep. Steve Toth, R-The Woodlands, requires the state’s Republican leadership to appoint an “independent third party” to carry out the audit. Among the bill’s 15 GOP co-authors are Deer Park Rep. Briscoe Cain, who chairs the House Elections Committee, and Cypress Rep. Tom Oliverson, vice chairman of the House Republican Caucus.

“Texans want to know more about the claims of voter fraud and deserve to have confidence in their elections,” Toth said in a statement about House Bill 241. “Voters want to know that their legal vote counts and matters.”

The legislation will likely go nowhere in the 30-day special session, since Democrats’ walkout stopped the GOP-led House from conducting any business. But the push shows how, despite no evidence of widespread fraud and in a state Donald Trump carried, some Republicans are still raising questions about the 2020 election results six months after Biden took office.

[…]

Rep. Chris Turner, who chairs the Texas House Democratic Caucus, said Tuesday that the legislation sounds like “it’s all based on the lie that there’s widespread voter fraud and Donald Trump really won the election.”

“I don’t know if these folks are aware of it, Trump actually did carry Texas,” said Turner, D-Grand Prairie. “So I’m not sure what they’re trying to find in their audit.”

The same thing they’ve been looking for from the beginning, which is strategies, methods, and justifications for delegitimizing Democratic votes and voters, especially non-white votes and voters. The tell is in the way the size of the counties that are in scope for this is defined: Counties with at least 415,000 people, which as noted are the top 13 counties by population in Texas. Why stop there, and why such a weird population cutoff number? Well, if you take the next 13 counties, 11 of them were carried by Trump. If you go down to the next 13 on the list, which gets you to all counties with at least 100,000 people (a much nicer, rounder number than 415,000), all 13 were won by Trump. It’s just that simple – maximize the scrutiny on Democratic counties and find ways to make them look suspicious, while minimizing it on Republican counties. It’s genius, in its malicious way. And by the way, this isn’t just my inference. It’s what Steve Toth has explicitly said.

Now some of these counties not-top-13 counties were close – Jefferson and Nueces were just barely won by Trump – and some others are (as we have seen) clearly trending Democratic, like Brazos and Brazoria. But still, they were won by Trump and thus are not of interest to anti-democrats like Toth and Cain. Ken Paxton, who knows a thing or two about making egregiously false claims about the 2020 election, has signed on to this farce as well. Does anyone think Greg Abbott will resist? Hope he’s distracted by some other shiny object, or that someone reminds him of how these audits have caused tons of election equipment to be decertified as a result of being mauled by the incompetent frauditors. As with everything else at this point, if they want to do it and a quorum exists, there’s precious little Dems can do to stop them.

One million reasons why Greg Abbott thinks the grid is just fine

Or 2.4 billion reasons, depending on how you want to count it.

The Texas electric grid collapse during the February winter storm killed hundreds of Texans and caused an estimated $295 billion in damages, while generating seismic gains for a small and powerful few. The natural gas industry was by far the biggest winner, collecting $11 billion in profit by selling fuel at unprecedented prices to desperate power generators and utilities during the state’s energy crisis. No one won bigger than Dallas pipeline tycoon Kelcy Warren: Energy Transfer Partners—the energy empire Warren founded and now is executive chairman of—raked in $2.4 billion during the blackouts.

That immense bounty soon trickled down to Governor Greg Abbott. On June 23, Warren cut a check to Abbott’s campaign for $1 million, according to the governor’s latest campaign finance filing, which covers January through June. That’s four times more than the $250,000 checks that the billionaire has given to Abbott in prior years—and the most he’s ever given to a state politician in Texas.

In the months after one of the worst energy disasters in U.S. history, Abbott has dutifully steered scrutiny away from his patrons in the oil and gas industry. Last month, the governor signed into law a series of bills that strengthened regulation of the state’s grid. But experts warned that lawmakers didn’t go far enough to prevent another grid failure and failed to crack down on natural gas companies. At a bill signing ceremony on June 8, Abbott proclaimed that “everything that needed to be done was done to fix the power grid in Texas.”

The unusually large contribution from the blackout’s biggest profiteer raises questions about Warren’s influence over the governor and has prompted outrage at what many see as a blatant political kickback for kowtowing to the powerful natural gas industry.

[…]

As he gears up for a reelection bid in 2022, Abbott has resisted calls to include further power grid fixes in a special session. Instead, his current special session agenda centers on sweeping “election integrity” legislation that prompted House Democrats to break quorum for the second time this year and hole up in Washington, D.C., until the session expires.

The governor has relentlessly pinned blame for the grid failure on renewable energy sources like wind and solar, Electric Reliability Council of Texas officials (ERCOT), and even the state’s giant power generators, all while ignoring the significant failures of the natural gas industry. Lawmakers watered down proposed regulations on the gas supply system in the face of aggressive industry lobbying.

By refusing to include additional grid reforms in special sessions, Abbott has ensured that the natural gas sector will avoid any further legislative scrutiny. That, experts warn, means the state’s grid remains at risk of future collapse. Earlier this month, Abbott issued another love letter to his fossil fuel benefactors, ordering his three brand-new Public Utility Commission (PUC) appointees to create incentives for fossil fuel and nuclear power generators and impose new costs on wind and solar plants.

While gas companies made huge profits during the winter storm, the financial fallout has been passed on to Texans. In May, lawmakers passed legislation that provided several billion dollars in state bonds for power companies that were waylaid by the exponential hike in energy costs. Texans will be paying that off through higher gas bills for at least the next decade.

Not really much to add to this, is there? It’s not like this is anything new, but it sure feels more blatant than usual. If there isn’t an effective advertising message in this, I don’t know what one might be.

Some legislators want to keep UT out of the SEC

This is kind of hilarious.

As the college athletics world roils over the possibility of the University of Texas and the University of Oklahoma leaving the Big 12 conference, a group of Texas legislators with ties to other universities in the state has mobilized.

Four prominent lawmakers — one each with ties to Baylor University, Texas Christian University, Texas Tech University and Texas A&M University — met with Gov. Greg Abbott’s staff Thursday, one day after news broke that UT and OU had reached out to the Southeastern Conference about joining, according to a source briefed about the meeting and an Abbott spokesperson. Abbott is a UT alumnus and outspoken Longhorn fan.

The four lawmakers were Rep. Greg Bonnen, R-Friendswood, who chairs the influential House Appropriations Committee and attended Texas A&M; Rep. Dustin Burrows, R-Lubbock, who received his law degree and MBA from Texas Tech and chairs the powerful House Calendars Committee; Rep. Jeff Leach, R-Plano, who chairs the House Committee on Judiciary and Civil Jurisprudence and was a student body president at Baylor; and Sen. Lois Kolkhorst, chair of the Health and Human Services Committee and a former TCU athlete. Kolkhorst declined comment and the other three lawmakers did not immediately respond to requests for comments Thursday evening.

Leach and Burrows have already expressed their concern about a potential move on social media, with Leach saying on Twitter that he was “working on legislation requiring legislative approval for UT to bolt the BIG XII.”

“This is about much more than college sports,” Leach wrote. “The impact UT’s decision would have on communities & businesses all across Texas would be real, substantial and potentially devastating. On behalf of those concerned Texans, the Texas Legislature has an obligation to be involved.”

See here for the background. Nothing is happening in the Lege right now, for obvious reasons, and one wonders what motivation “outspoken Longhorns fan” Abbott would have to stop his alma mater from making this move, since he’d have to add the item to the next special session agenda. For sure, if UT and OU leave the Big XII it will consign TCU, Baylor, and Texas Tech to a diminished future, but that’s a result of longtime forces in college sports. Their foundation wouldn’t be any firmer, they’d just be holding off the tide for another day. Speaking again as a fan of a team that was left behind in the 90s, I understand their fears, but by the same token since they were among the leavers, I trust you’ll forgive me if I don’t rush to sympathize. Sean Pendergast, Jerome Solomon, and the Chron have more.

UPDATE: There’s now a bill to effect this end, HB298. If it gets added to the call, and if there’s a quorum when that happens, then maybe that has a chance. Don’t hold your breath.

UPDATE: I’m dying:

Sources: Gov. Abbott not returning calls from top Republicans in the Texas Legislature about UT trying to head to the SEC

Republicans like Chairman Dustin Burrows and Chair Brian Birdwell have filed bills to block UT from changing conferences, but of course that’s not on the special session agenda. The governor’s office has gone quiet.

There’s been a real distinct lack of high comedy this legislative season. I want to thank the universities of Texas and Oklahoma for providing the opportunity to bring a little of that back.

When might SCOTX rule on the line item veto thing?

The short answer to that question is “who knows, when and if they feel like it”. I’m just going to focus on the analysis part of this, because that is what interests me more.

Legally, the case hinges on whether the Texas Constitution allows a governor to cut off funding for an equal branch of government.

Politically, it’s unclear whether the court would be doing Abbott a bigger favor by upholding his veto power, or by extricating him from a stalemate that’s not going his way.

Either way it goes, the case will have broad implications for the future of Texas governance, said Brandon Rottinghaus, a political science professor at the University of Houston.

If the veto is upheld, it strengthens executive power, giving Abbott and future governors a new axe to wield over the Legislature.

“This is well beyond the Schoolhouse Rock version of how government works,” Rottinghaus said, referencing a children’s animated series that simplified political concepts into cartoons. “This is a political story as much as it is an institutional separation of powers story. So it’s going to really push the boundaries of what’s allowable in Texas, especially in its governor.”

And if Abbott’s veto is upheld it would likely deflate the Democrats who fled to Washington D.C, leaving them to shoulder part of the blame if about 2,100 legislative staffers lose their jobs come fall.

“It takes a lot of the wind out of the sails of the Democrats if the courts back the governor in this fight. So that’s really, I think, what they’re waiting for,” he said. “The bottom line is that they can’t keep doing this forever, that the Democrats are going to see that at some point, politically, they’re not getting any more purchase.”

And the court itself could face political repercussions when its members are up for reelection. Courts have not pushed back on executive power for decades, Rottinghaus said. The doctrine of separation of powers has been eroded over the last couple of decades, he says, and if the court takes Abbott’s side, then it’s likely to further blur the line.

“I’m a big believer in separation of powers. I don’t think this is a partisan argument,” Rottinghaus said, saying he wished the whole Legislature, both parties, would “stand up for itself collectively” against the move. “To boil it down, this is basically a question about which power’s more robust, the power of the executive veto or the separation of powers — institutions that have been weakened by political fights.”

[…]

Jeffrey Abramson, a University of Texas at Austin law and government professor, says he believes the veto infringes on the Texas Constitution.

“Like every other state constitution and the U.S. Constitution, the Texas Constitution is based on the fundamental principle that separating government power among three coequal branches of government is the best way to limit the possibility of tyranny,” Abramson said in emailed comments. “Gov. Abbott’s defunding of the Legislature, by vetoing the part of the budget that provides funds for the legislature, is a clear and frightening attack on separation of powers. It is an attempted executive coup.”

It’s unclear when the Texas Supreme Court could rule on the issue — or if it will at all. It could rule any day now, delay a decision or decide the court does not have the jurisdiction over the case at all. The justices could also rule to disallow part of the veto — for example, legislators are allowed a per diem payment under the constitution — or find that the issue is not yet ripe and punt it down the road to decide at another time. Attorneys for House Democrats asked for the court to expedite its decision “well before” the new budget comes into effect.

“If I had to really put money on it, I would say that the court would back the governor’s veto, in part because they might view this as being a temporary political skirmish that can be resolved,” Rottinghaus said.

[…]

If the veto is deemed constitutional, House Democrats warn it will set a dangerous precedent.

“People need to understand that going forward, every governor will be using this power. Every Legislative session will involve a list of demands, [and] it will be explicit or implicit that if the governor doesn’t get this legislation, and then the legislature won’t exist,” said Chad Dunn, attorney for the House Democrats who filed the petition to the Supreme Court, in an interview. “That is dangerous stuff, and it’s got to be remedied immediately.”

The House Democrats also warn the state’s top court: if it happens to us, it could happen to you, too. They argued in court filings that if the governor can defund the Legislative branch, a co-equal branch of government, for going a way he disagrees with, he could then turn around and do the same to the state’s top court.

Abramson agrees.

“Imagine a governor that stripped Texas courts of funding as a way of retaliating against a decision the governor did not like and as a way of pressuring the courts to do his bidding,” he said. “No one would think the governor had such power. But he has done the equivalent to the Legislature.”

Just for the record, I’ve already imagined that. It wasn’t hard at all to imagine. Doesn’t mean that the great legal minds that make up our Supreme Court have imagined it, or are capable of imagining it. But some of us can, and did.

Separation of powers is baked into the state constitution, Rottinghaus said. If Abbott’s veto is upheld, it could throw off the balance completely.

Charles Rhodes, a Texas constitutional law professor at South Texas College of Law Houston, agreed.

“Using the line item veto power as a sword to make the other branches yield to his will, that’s going to totally upset the original foundations of the very strict separation of power scheme that the founding fathers of the Texas Constitution of 1876 envisioned,” Rhodes said.

If the veto is deemed valid, then it will likely cause permanent change to the power structures in Texas, he said.

“Sometimes, Texas is referred to as a weak governor state,” Rhodes said. “But if the governor can start leveraging vetoes to control legislation and to control the courts, then our governor just became one of the most powerful gubernatorial officials of any state.”

I mean, what else is there to say? The state’s arguments in favor of the veto are total weaksauce. This really shouldn’t be a hard question. It’s just a matter of whether the Supreme Court has the guts, and the imagination, to properly address it.

The fourth wave

We’re not ready.

One local hospital is reinstating visitor limits and Harris County Judge Lina Hidalgo is mulling a change to the county’s threat level amid a wave of COVID-19 variant cases that medical leaders warned Tuesday could overwhelm area hospitals and wreak further havoc as schools reopen next month.

The warning came amid massive spikes in hospitalizations across the Houston region, which Hidalgo’s office is closely monitoring to decide if the county needs to raise its emergency threat level from yellow to orange — or moderate to significant.

“We’re watching this very, very closely,” Hidalgo spokesperson Rafael Lemaitre wrote in an email. “The trends are moving in the wrong direction again and we are in a high-stakes race against the delta variant of this virus. Our message to the community is simple and clear: If you haven’t been vaccinated, take action now.”

In May, Hidalgo lowered the threat level from red — where it had been for nearly a year — to orange, then yellow a few weeks later, as COVID cases waned statewide.

But this month, hospitalizations across the state have more than doubled, ballooning from 1,591 on July 1 to 3,319 as of Tuesday, according to the Texas Department of State Health Services. The state’s hospitalization count peaked in January at 14,000.

Texas Medical Center CEO William McKeon said he fears the closing of many testing centers will make it more difficult to gauge the extent of COVID’s spread in the coming weeks.

“As this fourth wave begins in force, our radar is down,” Texas Medical Center CEO William McKeon said in a Tuesday conference call with reporters. “We have only a fraction of the testing…. We’re going to be running much more blind to the spread of delta variant in our community.”

[…]

Memorial-Hermann Health System plans to readopt visitor restrictions this week, and will test all patients for COVID, regardless of their vaccination status, said Dr. Annamaria Macaluso Davidson, vice president of employee health medical operations.

The hospital system had about 100 confirmed COVID cases on July 4; by Tuesday, there were more than 250.

We’ve been discussing this, and you know how I feel. The hospitalization numbers are still relatively low, but that’s a sharp increase, and there’s no reason to think there won’t be more. And I hadn’t even thought about the drastic reduction in testing facilities – I don’t know how big an effect that may have, but it’s not going to help.

I drafted this a couple of days ago, and before I knew it, Judge Hidalgo had already taken action.

Harris County’s emergency threat level was raised to orange — or “significant” — on Thursday and County Judge Lina Hidalgo called for resumed mask wearing amid a fourth wave of COVID-19 that has already caused hospitalizations to spike across the region.

“It’s not too late,” Hidalgo said. “But if we don’t act now, it will be too late for many people…. We are at the beginning of a potentially very dangerous fourth wave of this pandemic.”

The guidelines for the orange threat level are voluntary, and urge residents — namely those who are not vaccinated — to avoid large gatherings and businesses with poor safety procedures.

Hidalgo also said “everyone” should resume wearing masks to protect the County’s population who are not fully vaccinated. Currently, about 2.1 million county residents are fully vaccinated — 44 percent of Harris County’s total population.

She noted the county’s positivity rate is now doubling about every 17 days, quicker than any other point in the pandemic.

Get your masks back on, and hope for the best. I trust Judge Hidalgo to do everything she can to ameliorate this situation, but as we know, there’s not a lot she can do. Greg Abbott has seen to that.

One thing that could help is if more places of business begin putting in their own vaccination requirements, mostly for employees but also possibly for customers or business partners, depending on the situation. Putting some limits on what one can do as an unvaccinated person is one of the few effective ways to compel people to get their shots. That will have to come from the private sector, because it sure won’t come from the state. The FDA giving final approval to the Pfizer and Moderna shots will help, too. I just don’t know how long we can wait.

Another State Bar complaint against Paxton

He certainly deserves all the trouble this has brought him. Whether any of it leads to actual consequences, we’ll have to see.

Best mugshot ever

Four former presidents of the State Bar of Texas joined a group of high-profile lawyers on Wednesday to file an ethics complaint against Texas Attorney General Ken Paxton, a Republican, over his efforts to overturn President Joe Biden’s 2020 election victory against former President Donald Trump.

Paxton filed a widely criticized lawsuit with the Supreme Court in December, in which he sued the battleground states of Georgia, Michigan, Pennsylvania and Wisconsin over what he claimed were “unconstitutional irregularities” in their election processes. The Supreme Court rejected the lawsuit, which came as Trump and his allies repeatedly promoted baseless allegations that the 2020 presidential election was “rigged” or “stolen.”

The organization Lawyers Defending American Democracy, which asserts it is not partisan, filed the lawsuit in connection with 16 prominent Texas attorneys.

“The injunction Mr. Paxton sought with the Supreme Court would have usurped the presidency for the next four years and cast doubt on whether truly democratic presidential elections would ever have been restored in America,” Jim Harrington, one of the complaints signers and a retired founder of the Texas Civil Rights Project, said in a statement published on LDAD’s website.

Harrington said Paxton’s actions “demonstrated his disregard for the ethical rules which govern lawyers and for our country’s democratic principles.”

As you may recall, there’s already such a complaint against Paxton. I don’t know how the State Bar works, but I would assume these two would be combined. Reading that earlier post reminded me that Paxton was supposed to have responded to that complaint within 30 days, and indeed he has responded, asking for the complaint to be dropped – he’s basically saying that the original complainant doesn’t have standing to file against him. As a non-lawyer, I shrug my shoulders as I have no way to evaluate this claim on my own. Those of you who are lawyers, feel free to enlighten us.

Above the Law adds some details.

The bar complaint alleges that Paxton violated the Texas Disciplinary Rules of Professional Conduct by filing a frivolous suit, making false statements of fact and law to a tribunal, engaging in deceitful conduct, and failing to uphold the Constitution.

The complainants point to Paxton’s representation that Biden’s odds of winning the election were less than one in a quadrillion, a gross distortion of a economist Charles Cicchetti’s assertion that this was the probability of Biden winning if the votes before and after 3am were randomly drawn from the population as a whole. Cicchetti’s analysis was ridiculous on its face even before Paxton mangled it — the differential between in-person votes favoring Trump and absentee ballots favoring Biden had been widely predicted. And furthermore, smaller rural areas, which tend to lean Republican, were always going to complete their counting before cities like Philadelphia and Atlanta.

As for misstatements of law, the complainants point to Paxton’s bizarre theory of standing which “flew in the face of the Electors Clause and the bedrock constitutional principle of each State’s sovereignty within our federal system.”

“The standing to sue Mr. Paxton sought from the Supreme Court had no basis in law and would have been a prescription for an autocratic President to perpetuate his power indefinitely against the will of the voters,” said Gershon (Gary) Ratner, co-founder of Lawyers Defending American Democracy and principal author of the complaint.

Here’s the LDAD statement on their complaint, and here’s the complaint itself for your perusal. Note that they had called for Paxton to be sanctioned within a week of his filing that ridiculous lawsuit. I don’t know if it took them this long to prepare their complaint or if there was something else going on, but here we are. I don’t know enough to add anything else at this point, so stay tuned.

Are the college conference dominoes set up for a tumble again?

This would be a big deal.

A decade after major conference realignment shook up college football, big changes might again be on the horizon.

Texas and Oklahoma of the Big 12 have reached out to the Southeastern Conference about joining the powerful league, a high-ranking college official with knowledge of the situation told the Houston Chronicle on Wednesday.

An announcement could come within a couple of weeks concerning the potential addition of UT and OU to the league, the person said, which would give the SEC 16 schools and make it the first national superconference.

“Speculation swirls around collegiate athletics,” UT responded in a statement Wednesday. “We will not address rumors or speculation.”

OU, in its own similar statement, offered: “The college athletics landscape is shifting constantly. We don’t address every anonymous rumor.”

[…]

Another person with knowledge of the schools’ interest in jumping to the SEC said it could be the first step in the long-awaited break between haves and have-nots in the college sports world. Most of those scenarios have involved four superconferences of 16 schools each, but the observer said the eventual winnowing down could result in an NFL-like scenario with as few as 20 to 30 schools in the top tier.

The eventual impact, the second source said, could be the biggest change agent in college sports since the 1984 court decision involving Oklahoma and Georgia that allowed schools to market certain media rights without being limited to conference-only agreements.

“You’re going to see shifts happen like they’ve never happened before,” he added, “but it’s not going to happen for another three years.”

The recent developments in athletics (possible expansion of the college football playoff) and legal circles (players’ ability to profit from their name, image and likeness) are leading Oklahoma and Texas to consider moves based not on regional or competitive ties but on economic forces.

The Big 12’s TV contract with ESPN and Fox expires in 2025. Texas Tech president Lawrence Schovanec said in May that the two networks had declined to discuss extending the contract past 2025.

“The general result is that, at this time, with so much uncertainty in the media marketplace as well as the landscape for collegiate athletics, our partners, ESPN and FOX, are not interested in acting preemptively with regard to our contract,” Schovanec told the Lubbock Avalanche-Journal in late May. “They recognize the importance of our partnership, but there’s just too much uncertainty, and they do have four years to go.”

As colleges face new challenges with name, image and likeness reforms and the recent Supreme Court decision that cast doubt on the NCAA’s beloved “student-athlete” model, the second source said, more powerful schools will seek to protect their economic base by flocking to like-minded superpowers.

“Schools have worked so hard to hide the fact that the collegiate game is nothing but the NFL hiding behind the veil of education,” the second source said. “Sports is mirroring what is happening in the broader context of society. It is not exempt from the same forces that affected K-mart or Blockbuster, who enjoyed success but were not able to change. To survive, you have to be able to change in real time.”

As the story notes, it’s been nine years since Texas A&M and Missouri left the Big XII for the SEC; Nebraska and Colorado also departed the conference, for the Big 10 and the PAC 12, respectively. A&M’s athletic director is quoted in the story as being unfavorable to the idea – basically, A&M got there first and they deserve to have the SEC to themselves – but I doubt that will carry much weight in the end. Money talks, and UT and OU represent a lot of it.

If this happens, and I’m inclined to believe it will, we will wind up with a vastly different college athletics landscape in short order. For one thing, the Big XII will lose pretty much all of its glamour, and may well end up on the outside looking in when that “four 16-team superconference” world comes into existence. (On the plus side, UH might finally get accepted into the Big XII.) As a longtime fan of a school that’s never going to be more than cannon fodder in this world, I’m not interested in the palace intrigue of it all. You have to be able to handle a lot of cognitive dissonance to be a college sports fan. The recent NCAA ruling over “name, image, likeness” rights makes things a little better for the athletes themselves, but this is never going to be an equitable world. You make your peace with it or you find some other thing to occupy your Saturdays in the fall and weekends in March. ESPN and Texas Monthly, which is warming up the death knell for the Big XII, have more.

Day 9 quorum busting post: See you in August

Here’s your endgame, more or less.

Texas House Democrats will not return to the state until after the special session of the Legislature is over, one of the leaders of their walkout confirmed Tuesday.

State Rep. Trey Martinez Fischer, D-San Antonio, said they expect to return to Texas on Aug. 7 — when the 30-day special session aimed at passing new voting restrictions is required to end.

“It will be our plan on that day — on or about — to return back to Texas,” Martinez Fischer told advocates of a group Center for American Progress Action Fund, that is led by former White House Chief of Staff John Podesta, a Democrat. “Then we will evaluate our next option.”

[…]

He said Democrats want to soften some of the “sharp edges” of the voting restrictions Republicans are proposing — specifically, how the GOP bill enables felony charges against election officials who violate its provisions, as well as for people who help voters fill out their ballots without the proper documentation, even for inadvertent offenses.

“There really has been no attempt to negotiate in good faith,” he said. “We are all putting our hopes in a federal standard.”

Other Texas Democrats have said their plan right now is to keep their caucus unified and focused on spurring national action. State Rep. Ann Johnson, D-Houston, said Abbott’s threats to have them arrested or to call more special sessions don’t mean much to her.

“Our presence here together ensures that those Texans who are not being heard by Gov. Greg Abbott continue to be stood up for,” Johnson said.

Democrats on Tuesday said while in Washington, they are pushing for a meeting with President Joe Biden and were continuing to meet with key leaders. That included a strategy session with U.S. Rep. James Clyburn, a top leader in the House from South Carolina.

But if the Texans are counting on Congress acting, they don’t have much time. The U.S. House goes on its annual August recess starting July 30 and the U.S. Senate leaves a week later. Neither returns to Washington until after Labor Day.

When Texas Democrats do finally return, Abbott has made clear he’ll call them back into special session again to pass an elections bill and other key priorities of Republicans who control the agenda in state politics. The Texas Constitution allows the governor to call as many special sessions as he wants, but each cannot last for more than 30 days.

It’s the Senate that matters, and their recess (assuming Majority Leader Chuck Schumer allows it in full) corresponds to the end of Special Session #1. The House is not the problem for the Dems. Same story, different day.

Timing may be a problem for Greg Abbott, as Harvey Kronberg suggests.

HK: Article X Veto may have compromised full Republican control of redistricting

In theory at least, Democrats may have leverage they should not otherwise have; Article X cannot be revived without a special and with a hard August 20 deadline looming, the Legislature is on the edge of mutually assured destruction

“The Democrats’ claims about the governor’s veto ‘cancelling’ the legislative branch are misleading and misguided. The Constitution protects the legislative branch, and as the Democrats well know, their positions, their powers and their salaries are protected by the Constitution. They can continue to legislate despite the veto” – Gov. Greg Abbott, responding to the Democrats’ Texas Supreme Court request to overturn his Article X veto.

Let’s be clear up front.

The conventional wisdom is that although there is a threat of arrest upon arrival, the House Democrats will come back at some point and watch Republicans pass some version of their election bill. A substantive question is whether the bill becomes more punitive due to Republican anger over the quorum break.

Let’s not bury the lede here. The House is boiling and Governor Abbott’s veto of legislative funding could conceivably lead to Republican loss of control in redistricting. While there is much chest beating and both feigned and real anger over the quorum bust, it camouflages a much bigger issue.

The rest is paywalled, but I was able to get a look at it. The basic idea is that per Comptroller Glenn Hegar, the state has until August 20 to reinstate legislative funding for the software to be updated in time to write checks for the next fiscal year beginning September 1. If that hasn’t happened by then, the Texas Legislative Council, which does all of the data crunching for redistricting, goes offline. No TLC, no ability to draw new maps. Pretty simple, as far as that goes.

What happens next is unclear. If the Lege can’t draw maps, that task falls to a federal court for the Congressional map. They wouldn’t have the needed data, and they wouldn’t have a default map to use as a basis, since the existing map is two Congressional districts short. The Legislative Redistricting Board draws the House, Senate, and SBOE maps if the Lege doesn’t, but they wouldn’t have data either, and per Kronberg “the LRB cannot constitutionally convene until after the first regular session in which census numbers have been received. (Article 3, Section 28).” Which is to say, not until 2023. You begin to see the problem.

Now maybe funding could be restored quickly, if Abbott were to call everyone back on August 8 or so. But maybe some TLC staffers decide they don’t need this kind of uncertainty and they move on to other gigs. Maybe Abbott declares another emergency and funds the TLC himself, though that may open several cans of worms when the litigation begins. Maybe the Supreme Court gets off its ass and rules on the line item veto mandamus, which could settle this now. Indeed, as Kronberg points out, the amicus brief filed by the League of Women Voters is expressly about the failure of the Lege to do its constitutional duty in the absence of funding for the TLC.

There are a lot of things that could happen here, and Kronberg is just positing one scenario. His topline point is that any outcome that includes a court drawing maps is a big loss for Republicans, for obvious reasons. Does that provide some incentive for “good faith negotiation”, if only as a risk mitigation for the Republicans? I have no idea.

One more thing:

When Texas Democrats staged a walkout at the end of the regular legislative session in late May, they successfully killed Republicans’ prized bill: a slew of restrictions on voting statewide. Or that’s how it seemed at the time, at least.

Less than three weeks later, Gov. Greg Abbott announced a special legislative session specifically aimed at passing an equivalent version of the so-called election integrity bill alongside other conservative legislative priorities.

The same day Abbott announced his plan for the special session, AT&T, whose CEO has said the company supports expanding voting rights nationwide, gave Abbott $100,000 to fund his reelection campaign.

[…]

In April, AT&T CEO John Stankey told The Hill that the company believes “the right to vote is sacred and we support voting laws that make it easier for more Americans to vote in free, fair and secure elections.”

In an email, an AT&T spokesperson said, “Our employee PACs contribute to policymakers in both major parties, and it will not agree with every PAC dollar recipient on every issue. It is likely our employee PACs have contributed to policymakers in support of and opposed to any given issue.”

How could the left hand possibly know what the right hand is doing? It’s a mystery, I tell you.

Abbott affirms he will take no action to mitigate future COVID waves

He’s on brand, that much is for sure.

Gov. Greg Abbott says he will not impose another statewide mask mandate, despite COVID-19 cases being on the rise again.

“There will be no mask mandate imposed, and the reasons for that are very clear,” Abbott told KPRC-TV in Houston on Tuesday. “There are so many people who have immunities to COVID, whether it be through the vaccination, whether it be through their own exposure and their recovery from it, which would be acquired immunity.”

It would be “inappropriate to require people who already have immunity to wear a mask,” Abbott said.

During a news conference Wednesday in Houston, Abbott went further and expressed blanket resistance to any new restrictions to fight the virus. He said Texas is “past the time of government mandates” and “into the time for personal responsibility.”

[…]

Abbott reiterated Tuesday that Texas schoolchildren will not face mask requirements as they return to school later this summer.

“Kids will not be forced by government or by schools to wear masks in school,” Abbott said. “They can by parental choice wear a mask, but there will be no government mandate requiring masks.”

Well, he answered my question, and that answer is “You’re on your own, it’s not my problem if you get sick”. What happens when and if hospitals begin to get overrun remains a mystery. The most charitable explanation of this stance is “Look, we all know that the idiots who haven’t gotten vaccinated are the same idiots who refuse to wear masks, so what’s even the point?” If only he as Governor had some power to enforce compliance, or to be a voice of persuasion to those who have refused to bear any responsibility. But at least he cleared that up for us, so thanks for that. The Chron and Reform Austin have more.

Federal judge halts Arkansas law against gender affirming care for trans kids

Of interest.

In an in-person hearing in Little Rock on Wednesday, a federal judge issued a preliminary injunction to block an Arkansas law that criminalizes gender-affirming care for transgender kids.

U.S. District Judge James M. Moody Jr.’s bench ruling was made in response to a lawsuit from the ACLU, which argues that Arkansas’ law violates the 14th Amendment’s Equal Protection Clause and the First Amendment right to free speech. The lawsuit was filed on behalf of four trans kids and their families in Arkansas, plus two physicians working in the state.

Still, legal advocates warn that a rare amicus brief signals that the battles over legislation targeting trans youth are not over.

[…]

The legal battle over Arkansas’ ban — the only one of its kind to be passed in the United States — also attracted the interest of 17 state attorneys general, who filed an amicus brief last week to bolster support for Arkansas’ law. Nearly all of the states that backed the brief have introduced their own bills to ban gender-affirming care, bar trans kids from playing sports that match their gender identity, or prevent them from discussing their identities in school, according to a bill tracker by Freedom For All Americans.

Four of the states that signed the brief through their attorney general — Alabama, Mississippi, South Dakota and Tennessee — enacted legislation this year to ban trans youth from sports that match their gender identity. Idaho, which also counseled on the brief, signed its ban on trans kids’ sports participation in March 2020.

Two attorneys told The 19th that such a brief is largely unprecedented, although any weight it carried in Moody’s decision on Wednesday was unclear. It is not guaranteed that a federal judge would take a brief like this into account.

Ezra Ishmael Young, a civil rights attorney and founding board member of the National Trans Bar Association, did not recall a similar brief ever being filed about trans kids’ health care at the trial level.

“It’s very rare for an amicus brief to be filed by a bunch of states that have no stake in the actual issue at all,” Young said, adding that it takes time to coordinate a response from so many attorneys general.

“It’s not totally unusual for AGs to team up and push their state’s policy preferences in courts outside their jurisdiction,” he said. “What makes this tack odd here is that the AGs are pushing for policy preferences that have been soundly rejected by their legislature, sometimes repeatedly.”

Carl Charles, a Lambda Legal staff attorney, told the 19th that the brief — which also he sees as unprecedented, based on research undertaken by him and his paralegal — is concerning on another level.

“To write affirmatively in support of an outlier law in one state, where there are no related laws on the books in their respective states … they have nothing really to stand on in terms of, ‘We’ve passed these similar laws and we’re in support,’” he said.

“They’re essentially taking an inherently political position and one that’s outside the scope of their office, which is to say, ‘We have an interest in seeing this law stand because we too want to pass a law like this.’ Well, that’s not the AG’s job. The AG’s job is not to pass laws. The AG’s job is to enforce the laws on the books,” he said.

As we know, Greg Abbott is plotting some executive action to block this health care for trans kids, so this ruling is quite timely. Arkansas is not in the Fifth Circuit, so the ruling would not apply here, but it’s significant nonetheless. Also significant is that the state of Texas and its felonious AG Ken Paxton were on that amicus list, as I’m sure you’re not surprised to hear. None of this is going to stop Abbott from doing whatever he plans to do, but there will very likely be a legal roadblock in his way once he does do it.

Texas blog roundup for the week of July 19

The Texas Progressive Alliance is cheering on the quorum-breaking legislators as it brings you this week’s roundup.

(more…)

The ultimate inducement to getting vaccinated

Winning college football games. I mean seriously, if that doesn’t do it then literally nothing will.

SEC commissioner Greg Sankey calls it the “vaccination motivation” — in urging the league’s programs to receive the COVID-19 vaccination before the season kicks off in a little more than a month.

“Let me be clear to our fans, to our coaches, to our staff members and to our student-athletes: COVID-19 vaccines are widely available,” Sankey said to crank up SEC Media Days on Monday. “They’ve proven to be highly effective. And when people are fully vaccinated, we all have the ability to avoid serious health risks, reduce the virus’s spread and maximize our chances of returning to a normal college football experience, and to a normal life.

“With six weeks to go before kickoff, now is the time to seek that full vaccination.”

Sankey, speaking on the first day of the four-day event and the first SEC Media Days in two years because of the pandemic, said six out of the SEC’s 14 football teams “have reached the 80 percent threshold in roster vaccination.”

“That number needs to grow, and grow rapidly,” Sankey said. “We have learned how to manage through a COVID environment, but we do not yet have control of a COVID environment, and that finds us preparing to return toward normal this fall, but we see realities around us.”

[…]

Sankey added, “The ‘forfeit’ word comes up at this point,” after the league last season left a cushion in December to allow for makeup games. That likely will not be the case this year. A&M is scheduled to kick off its season Sept. 4 against Kent State at Kyle Field, and Sankey said all early signs are the SEC’s season will not be pushed back a few weeks (and shortened to league-only contests) like it was in 2020.

“You hope not to have disruption, but hope is not a plan, goes the cliché,” Sankey said. “We (for now) still have roster minimums that exist, just like last year. What I’ve identified for consideration among our membership is we remove those roster minimums, and you’re expected to play as scheduled. That means your team needs to be healthy to compete, and if not, that game won’t be rescheduled.

“ … We’ve not built in the kind of time we did last year, particularly at the end of the season, to accommodate disruption. Unless we’re going to do that, our teams are going to have to be full prepared to play their season as scheduled.”

I’ll get back to the SEC in a minute, but at least one conference is using the word “forfeit”.

The American Athletic Conference has had conversations in the past week that would require teams without enough healthy players due to COVID-19 to forfeit games this season.

“It’s not decided yet, but it’s likely,” Houston athletic director Chris Pezman said recently during an appearance on SportsTalk 790 AM.

Few FBS teams dealt with COVID-19 disruptions as much last season as Houston, which had eight games either canceled or postponed. UH officials were particularly upset with the short notice given by Baylor, which called off a game less than 24 hours before kickoff and the Cougars’ equipment truck already in Waco.

The eventual season opener against Tulane was delayed until Oct. 8, a delay of more than a month.

A similar measure to force teams unable to field enough healthy players to forfeit has also been discussed with the Big 12.

“The COVIDing out and the gamesmanship that went into that, make no mistake that occurred this last year,” Pezman said. “You’re going to end up forfeiting.”

Lots of teams played incomplete schedules last year, with many games being delayed or canceled because one team or the other didn’t have enough healthy players. If the idea this year is for things to go back to “normal”, then teams need to ensure they can meet minimum roster requirements. The best way they can do that is to make sure that they don’t have COVID outbreaks, and we all know what they best way to do that is. Stuff can still happen – the recent outbreak with the Yankees, where over 85% of their team and staff are vaxxed, is an example – but the odds are much better in your favor this way.

Obviously, the number of people in scope for this is small, but it just might spread outward a bit. Imagine if coaches forbade the fat cat donors from hobnobbing with the teams if they’re not vaxxed, for example. Whatever the case, every little bit helps. And hey, if the ol’ ball coach says get your shots, who’s gonna say no?

UPDATE: Not just college football.

The NFL has added an additional COVID-19 vaccination incentive for players, threatening forfeits and the loss of game checks if an outbreak among unvaccinated players causes an unresolvable disruption in the regular-season schedule.

Commissioner Roger Goodell informed clubs of the new policy Thursday in a memo. The league has encouraged vaccination for players but has not required it, per an agreement with the NFL Players Association.

Instead, the league has set up a series of incentives. As of Thursday, Goodell wrote, more than 75% of NFL players were at least partially vaccinated and more than half of the league’s teams have player vaccination rates above 80%.

Unvaccinated players will be subject to severe protocols during training camp and the regular season, including daily testing, mask-wearing and travel restrictions. Thursday’s memo made it clear that unvaccinated players could, in theory, be responsible for the losses of games and paychecks as well.

You can be free to make your own choices about the vaccine if you really insist, but that doesn’t mean you’re free from the consequences.

Are any state leaders going to talk about the rising COVID rate?

Just curious.

With less than half of Texans vaccinated and the highly contagious delta variant of the coronavirus spreading, the percentage of COVID-19 tests coming back positive in the state has climbed to a rate unseen since winter.

As of this weekend, Texas’ positivity rate is over 10% — a level that Gov. Greg Abbott and the Trump administration had identified as a red flag earlier in the pandemic. Meanwhile, daily confirmed new case totals and hospitalizations are climbing fast, but are far below their winter peaks.

On Saturday, the seven-day average for new confirmed cases in the state was 2,119. That’s nearly triple the average on the first day of the month, when it was 757. Meanwhile, the number of people hospitalized for the coronavirus in the state climbed from 1,591 on July 1 to 2,834 on Friday.

More than 14,200 people with COVID-19 were hospitalized on Jan. 11 — the highest number of pandemic hospitalizations in Texas so far.

But the positivity rate stands out among the rising numbers because experts view it as a leading indicator.

“The early signs are similar. They are all right there,” said Benjamin Neuman, a virologist and professor at Texas A&M University. “Epidemiologists read test positivity stats like the low tide, and it looks as though we are in for a big wave.”

In the last seven days, about 144,000 molecular tests, such as nasal or throat swab tests, were administered in Texas, and 10.2% of those came back positive, according to the Texas Department of State Health Services. The last time the state’s positivity rate was above 10% was in February, and the rate hit an all-time low of 2.8% in mid-June.

The positivity rate does not clearly measure how prevalent the virus is spreading across the state since it depends on the number of administered tests, Neuman said, but “what it indicates is that we are missing a lot of cases.”

“Ten percent of the state is not infected right now,” he continued. “But 10% of the people with the sniffles have COVID, which means we are at the start of something like another wave. We have seen the numbers in the rest of the U.S. go up and Texas has been a little bit behind, but it looks as though we may be catching up fast.”

[…]

Public health experts have been raising alarm about the delta variant in recent weeks, especially in places like Texas where the vaccination rate is low. Around 43% of Texans are currently fully vaccinated.

The vaccines have been shown to be highly effective at preventing new coronavirus cases, though there have been some rare occurrences of breakthrough infections — which Dr. John Carlo, the CEO of Prism Health North Texas and president of AIDS Arms Physicians, explained is when someone who is completely vaccinated contracts the virus anyways.

“The reason that is happening more and more is because if we still have people that are unvaccinated circulating with those who are vaccinated, it still presents a risk for breakthrough infections, even though the risk is minimized,” Carlo said.

Evidence also suggests that the small numbers of people who are vaccinated but do get infected tend to face less severe versions of the illness.

“The good news is that though we are seeing breakthrough infections, these are only mild cases,” Carlo said. “The vaccines show great protections but we knew it was never going to be perfect, it’s not 100%. And the big thing to know is that the vaccine removes the high chance of severe symptoms if you do get the virus.”

In a statement, DSHS said the delta variant is “having a significant effect on unvaccinated people leading to increases in new cases and hospitalizations.” Texas officials have not said how many of the new cases are among vaccinated and unvaccinated people, but national and local health leaders say the most severe impacts appear to be happening overwhelmingly among the unvaccinated.

I mean, I know there are walls to be built, and voters to suppress, and trans kids to kick around. Greg Abbott has a busy schedule, you know? I’m sure he’ll get around to talking about the rising COVID rate and the need to get vaccinated and maybe the return to mask wearing any day now.

Michelle Beckley announces for Congress

Interesting.

Rep. Michelle Beckley

State Rep. Michelle Beckley, one of the House Democrats who is camped out in Washington, D.C., announced Tuesday that she is challenging U.S. Rep. Beth Van Duyne, R-Irving, a national Democratic target.

Beckley unveiled her plans in a video filmed inside a hotel room in the nation’s capital, where House Democrats fled earlier this month to break quorum in protest of Republicans’ priority elections bill. In the video, Beckley contrasted her commitment to the voting rights battle with Van Duyne’s vote earlier this year to object to the 2020 election results in Pennsylvania.

“Beth Van Duyne can walk away from her duty to defend democracy, but not me,” Beckley says.

Beckley launched her campaign with endorsements from 30 fellow House Democrats, including caucus Chair Chris Turner and Joe Moody, whom House Speaker Dade Phelan, R-Beaumont, removed as speaker pro tem in retaliation for the quorum break.

Beckley is the second serious Democratic opponent that Van Duyne has attracted. Earlier this month, she drew a challenge from Derrik Gay, a Carrollton tax lawyer and former intelligence officer in the Marine Corps.

You can find Beckley’s announcement video here. The quorum break is sure to come up in any campaign, so she’s correct to address it head on. Derrik Gay made his announcement on July 6. We don’t know what CD24 will look like, but it’s already a DCCC target, and it seems reasonable to think it will be competitive in 2022.

We also don’t know what Beckley’s HD65 will look like. She won 51.2 to 48.8 in 2018, and 51.5 to 48.5 in 2020, and as we have discussed, it’s the biggest mover in a Dem direction in Denton County. But not the only big mover, and that means the Republicans’ choices in map-drawing are not obvious. As Scott Braddock notes, until we have a clear idea of what all the districts will be, someone who holds one office and announces for another has room to change their mind if the numbers say they should. So we’ll see. Either way, there should be plenty of interest in CD24.

County Court judge Barnstone resigns

Ugh.

George Barnstone

A Harris County civil court judge has resigned amid several allegations of judicial misconduct, including showing bias or prejudice toward litigants and attorneys on the basis of race, sex or socioeconomic status, according to the State Commission on Judicial Conduct.

George Barnstone, of Harris County Civil Court at Law No. 1, was the subject of six complaints encompassing at least seven allegations of misconduct. Those also included claims he used his judicial office to advance his private interests and made appointments violating the Texas Government Code, which bars conflicts of interest, the resignation agreement states.

He signed the agreement on July 12, records show, and state commission Chair David Hall approved the decision Monday.

[…]

Other complaints — all listed in the agreement — alleged the judge didn’t comply with the law related to awarding attorneys fees or statutory interest post-judgment; failed to give a defendant their right to be heard; failed to treat attorneys with patience, dignity and courtesy; and failed to require and maintain order and decorum in court proceedings.

The state commission had not made any findings related to the complaints, and Barnstone’s resignation will take place instead of disciplinary action, the document reads. The resignation, however, is not an admission of guilt.

Barnstone won’t be able to run for judicial office or sit in a judicial capacity again, the agreement stipulates.

We won’t get a lot of details because the Commission will not make any findings due to the resignation, but all of this sounds bad. I found this story from 2019 while image searching, and that isn’t a good look, either. I’ve known George Barnstone for a few years – he’s a genuinely affable guy – and he made at least one other run for judge before winning in 2016, but it clearly wasn’t a good fit. I’m sorry it came to this, but it’s the right call.

Because this is a County court and not a District court, County Commissioners will get to name a replacement, as they have done before in recent years. Between this and the forthcoming replacement of Sheriff Ed Gonzalez, they’ll have some big decisions to make. I would assume they’ll have a new judge on the bench in a couple of weeks. Get your name in the hat quickly if you think it should be you.

Your thermostat may be plotting against you

Welcome to 2021.

Amid [recent] sweltering temperatures in Houston, the agency that operates the state’s power grid asked residents to cut back on how much electricity they used to help it meet demand. That’s how some people apparently learned the hard way that their “smart thermostats” were programmed to rise in their homes when grid conditions got tight.

A user posting on the Reddit page for discussions about Houston wrote of knowing eight people with thermostats that bumped up automatically and made their homes less cool — sparking a conversation about how and why this happens. The concerns were first reported by KHOU.

Turns out, utility customers can opt in to programs that automatically adjust their thermostats when demand is high and grid capacity is strained. Those people can also opt out. Some, it seemed, were caught unawares.

One user wrote of being automatically enrolled in a program and then waiting months while trying to get out of it. Another reported sending an email to get removed from the service.

A third chastised them all: “This is what happens when you don’t read the contract.”

A software provider called EnergyHub works with thermostat manufacturers to run such programs. No one is enrolled without their consent, said Erika Diamond, the company’s vice president for customer solutions.

The idea is to reduce energy load when the grid is stressed, such as during an extreme weather event, Diamond said. Temperatures at George Bush Intercontinental Airport hit at least 95 degrees every day from June 11 through June 16.

I’m sure this was somewhere in your user agreement, which I know we all read thoroughly. One could easily argue that this is a net benefit for all, as the modest reduction in A/C that everyone affected by this would experience would save energy and maybe avoid some blackouts. It’s almost certainly more effective than asking people to voluntarily dial it back, as some won’t do it and others won’t be aware you’re asking. But it would be better if people were generally aware of this, even if it meant more of them opted out or manually overrode the auto-adjustment as they can do, if only to prevent the inevitable conspiracy theories and overall mistrust that a lack of awareness will spawn. At least it’s mostly been not-so-hot since then, so this has been less of an issue, but obviously we can’t just count on that. Reform Austin and Mother Jones have more.

Day 7 quorum busting post: Don’t mess with Rep. Garnet Coleman

Respect, always.

Rep. Garnet Coleman

For a week now, state Rep. Garnet Coleman has been hiding out in Texas, wondering if police are going to track him down.

While dozens of other Texas House Democrats fled to Washington, D.C. to block a Republican voting bill, the longtime Houston legislator stayed behind, unable to travel while recovering from severe illness that led to the amputation of his lower right leg in May. His continued presence in the state makes him more vulnerable to arrest, as Republicans have voted to force back to the Texas Capitol any absent House Democrat within state police jurisdiction.

That prospect doesn’t trouble the 59-year-old lawmaker, who questions both the constitutionality and optics of such a move.

“Let them come,” Coleman said in an interview Friday in an airy, art-filled house. “They’re going to have to carry me in this wheelchair, and they’re going to have to carry me into the chamber and lock me in there.”

What does weigh on him is having no choice but to watch the historic moment from the sidelines. The last time House Democrats skipped town in 2003, to delay political map drawing, Coleman led the way.

“I want to be there,” he sighed. “All the people that are in Washington D.C. that are Democrats, this is their Martin Luther King moment, because it’s about the Voting Rights Act and the Civil Rights Act.”

During a two-hour interview, Coleman alternated between sharp political insight and raw emotion, his hands occasionally trembling against the tires of his new wheelchair.

You should read the whole thing, because Rep. Coleman is one of the best and he deserves your attention. He’s with his colleagues in spirit, and he’ll be back come what may to fight for fair legislative and Congressional maps in the fall.

Not a whole lot of news to note, other than some positive COVID tests that we likely know about only because they’re testing, since the (vaccinated) members who tested positive are all basically asymptomatic. That lack of news is a challenge for the Dems.

The spotlight won’t shine for long on the story of Texas’ flyaway Democrats. The novelty will wear off. The cable TV networks will have other top stories before you know it, and this will become another of those insider fights of only passing interest to Texans who don’t have regular business in the state Capitol.

Voting rights are important to voters, but most people only pay attention to the particulars at election time. Where do I go? What do I have to do? Who and what is on the ballot? Who are all of these people, and which ones are in my way and which ones can I ignore?

[…]

The reason most of the decamped Democrats are in Washington is to try to get a voting bill they like — one that would preempt state law — from Congress. That requires some public attention, too, to get enough voters interested to draw members of Congress away from what they were doing to what the Texans hope they’ll do.

But the Texas Democrats aren’t the only politicians looking for public attention and support. Texas Republicans are promoting other legislation on the special session agenda that might get more public interest.

Not sure if those other bills are likely to get that much interest either, or if the interest they do get goes beyond the faithful, but the point still stands. We collectively have the attention span of a fruit fly. There’s only so much our folks can do.

Abbott preps another shot at trans kids

What an asshole.

Gov. Greg Abbott said Monday he was preparing to take action to restrict transition-related medical care for transgender minors in Texas after legislation to do so failed during the regular session.

“I have another way of achieving the exact same thing, and it’s about a finished product as we speak right now and may be announced as soon as this week,” Abbott said during a radio interview. He did not provide further details.

Abbott’s comments came as the interviewer, Mark Davis, asked Abbott why he did not add the issue to his agenda for the special session that began earlier this month. Abbott blamed the lower chamber, saying the “chances of that passing during the session in the House of Representatives was nil.”

During the regular session, the Senate passed a bill to outlaw transgender youth health care treatments, but a similar proposal in the House fell victim to a bill-killing deadline late in the session. The bill would have banned hormone therapy, puberty suppressant treatments and transition-related surgeries for children, which are rarely used before puberty.

Abbott faced pressure from some on his right to include the proposal in his special session agenda, and when he did not, the scrutiny only mounted.

Abbott primary challenger Don Huffines said at the time that the issue was among the “glaring omissions” from the special session agenda “that show how far out of touch [Abbott] is with everyday Texans.”

See here, here, and here for some background. He is indeed out of touch, Don, but not in the way you think. I don’t know what he has in mind here – typical Abbott – and I don’t know why he didn’t do whatever it is he’s thinking of before now. I’m certain there will be a legal challenge, and after that who knows. What I do know is that the trans kids and their families who have been living through these hell sessions deserve so much better. The Chron has more.

The Virus And The Vote

As you may recall, there were a lot of concerns going into the 2020 election about the potential for things to go horribly wrong. Books were written about the weak points in our bizarre and super-distributed system for running and certifying elections. The pandemic, and the chaos that resulted from how it was bungled by the Trump administration, jacked those worries up even higher.

And yet, with all that ambient anxiety, thousands of brand-new poll workers, ramped up absentee voting, and so many more alterations to old processes, everything went quite smoothly. Results were timely, no “Iowa Democratic caucus”-style screwups, and as we well know, vanishingly few instances of chicanery and lawbreaking. How did we pull it off? This report, from the Stanford-MIT Healthy Elections Project, provides some answers. It’s long, so let me just quote from the Introduction:

The 2020 U.S. election was both a miracle and a tragedy. It was a miracle in that election administrators, facing unprecedented challenges from a pandemic, were able to pull off a safe, secure, and professional election in which a record number of Americans turned out to vote. It was also a tragedy, though, because, despite these heroic efforts, lies about vote fraud and the performance of the system have cemented a perception among tens of millions of Americans that the election was “rigged.” This manufactured distrust has deeply damaged our democracy; the path to repairing it is not at all clear.

The Capitol Insurrection of 6 January 2021 will forever constitute the image of the 2020 election and the distrust that accompanied it. Despite the heroism and success we detail below, more than a hundred members of Congress voted to question and overturn the results in one or more states.

The enduring images of the 2020 election should have been very different. During the primary elections early in the year, the picture looked bleak, as poll-worker and polling-place shortages caused long lines of frustrated voters to risk their lives, while thousands of absentee ballots were rejected in places that had little experience with large-scale voting by mail. In the general election, however, an army of new poll workers, wearing personal protective equipment (PPE) and often administering the voting behind Lucite barriers, staffed polling places. Absentee voting also set records, as rates of canceled mail ballots were dramatically lower than before the pandemic.

How did the country pull off a successful election under pandemic circumstances? What changes to the election infrastructure were necessary to accomplish this task? How can we reconcile this measurable success with convictions, strongly held by a sizeable share of the electorate, that the election was rigged? These are the questions this article seeks to answer. Given the unfounded, partisan criticism that the election was “rigged” and “disastrous,” it is difficult in hindsight to reimagine what a true electoral disaster would have looked like and how close the United States came to experiencing one. The primary-season meltdowns in several states painted an ominous picture of institutional collapse threatening the general election. In several respects, the election system benefited from the timing of the pandemic, coming as it did in the middle of the presidential-primary season but hitting hardest just as Joseph Biden wrapped up the Democratic Party’s nomination. The baptism by fire in the primaries provided necessary lessons in how to solve pandemic-related problems so that both mail and polling-place voting could work properly come November.

A little light reading for you as we wait for our Democratic legislators to try to persuade a couple of recalcitrant Senators in Washington to get off their asses and take action to protect future elections and democracy in general. Found on Twitter.

P Bush slightly outraises Paxton

Meh.

Land Commissioner George P. Bush kicked off his attorney general campaign by outraising the incumbent, fellow Republican Ken Paxton, and another primary challenger, former Texas Supreme Court Justice Eva Guzman. But Paxton has more money saved up for the battle than both of his opponents.

According to campaign finance reports released Friday, Bush raised $2.3 million over the last 10 days of June, while Paxton took in $1.8 million and Guzman collected $1.1 million. The campaigns had announced those figures earlier in the week, making clear Bush would be the fundraising leader for the period.

The filings that came out Friday, though, showed Paxton with a clear cash-on-hand advantage — $6.8 million in reserves. Bush reported $2.7 million in cash on hand, while Guzman disclosed $611,000.

[…]

In the GOP primary for attorney general, Paxton’s top donors included the Republican Attorneys General Association and Midland oilman Douglas Scharbauer. Each donated $250,000.

Bush got some of his biggest contributions in installments of $100,000 each from Dallas oil mogul Trevor Rees-Jones, Woodlands lawyer Arnulfo Eduardo Treviño Garza and H.H. ‘Tripp’ Wommack Ill, the CEO of a Midland oilfield services company.

Guzman’s donor list was led by Texans for Lawsuit Reform, the tort reform group that backed her quickly after she launched her bid. She got $200,000 from TLR, as well as $100,000 from its founder, Dick Weekley.

On the Democratic side of the race, the candidates include Joe Jaworski, a Galveston lawyer and former mayor of the city, and Lee Merritt, the well-known civil rights attorney from North Texas.

Jaworski raised $452,000 during the first half of the year, according to his latest TEC filing, and ended the period with a balance of $525,000. Merritt did not officially announce his campaign until Tuesday — after the period covered by the latest reports — though he has had a TEC account open since early June and reported $100,000 in donations from Real Justice PAC, a national group that mainly works to elect progressive prosecutors at the local level.

See here for some background. It’s better to outraise than to be outraised, but 1) the difference isn’t that much, 2) as noted, Paxton still has a lot more cash, and 3) nobody has nearly enough to make a big splash in our super expensive state. Bush and Paxton each held their own, no one landed a heavy blow, and Guzman still has to prove she can bring it. As for the Dems, as long as Paxton is in the race they get the benefit of being Not Ken Paxton. It will be nice for them to bring in more, but as with Presidential years it’s the top of the ticket that drives most of the action.

Council will decide when charter amendment votes will be

Fine, but they should be this year.

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday promised to bring a charter amendment petition to City Council before a key August deadline to order an election for this year.

A diverse coalition of groups, including the Houston Professional Firefighters Association Local 341 and the Harris County Republican Party, delivered the petition in April, and the city secretary confirmed the signatures earlier this month. The measure would allow any three council members to place an item on the council agenda, a power almost entirely reserved for the mayor under the city’s strong-mayor format.

The council can put the charter amendment on the ballot this November or during the next city elections, which are in November 2023. Turner said he was not sure the city would order an election this year, prompting concern among petition organizers and supporters, who have sought an election in November. The last day to order an election for this year is Aug. 16.

“It will come before you, and this council will decide whether it goes on this year’s ballot or on the next city ballot,” Turner told his colleagues at the City Council meeting Wednesday. “I won’t be making that decision, we will be making that decision.”

The fire union is pushing a separate charter petition, which it delivered to City Hall last week, that would make binding arbitration the automatic resolution to contract impasses. The city and union have been in a deadlock since 2017, and have contested the contract talks in court battles.

[…]

The mayor said the city has to decide if it is going to take each charter petition individually, or if it would be smarter to lump them together in a single election, “which, from a cost perspective, would be quite wise,” he said.

“What we will have to decide is whether or not you do these one at a time, and every time you put it out there it’s a cost to the city (to run the election),” Turner said. “Now, there’s another one that was just delivered to the city secretary (last) week… Let’s say that gets the requisite signatures, do we do another election on that one?”

The fate of the most recent petition from the fire union is less clear. Turner said it takes the city secretary an average of three months to count the signatures, even with added personnel the mayor says he has approved for their office. That would mean workers likely will not finish verifying them before the Aug. 16 deadline to order an election.

The union has alleged the city is slow-walking the count for the second petition. The Texas Election Code allows the city to use statistical sampling to verify the signatures, instead of vetting them individually, as the city is doing now.

See here and here for the background. Sampling has been used before, in 2003 for a different firefighter initiative, but I don’t think it is commonly used. Not sure what the objections are to that. I say do them both in the same election, and it should be this election. I’d rather just get them done, if only from a cost perspective.

How HISD intends to spend its COVID relief money

Seems reasonable.

Houston ISD expects to spend $1.2 billion of federal relief shoring up academic losses from the pandemic under a wide-ranging plan that would target accelerated instruction to kids that have fallen behind, bolster tutoring and after-school services, seek to retain and recruit teachers with $2,500 stipends, provide laptops to more middle school students and boost technology in the classroom.

Superintendent Millard House II sent an email addressed to “Team HISD” Thursday evening with a 54-slide presentation attached about how the district would use the money, according to a copy obtained by The Chronicle on Friday.

The money comes from $122 billion for Elementary and Secondary School Education Relief funds included in the American Rescue and Relief Plan Act, passed by Congress in March.

HISD has been awarded $804 million from that. It is the second round of education relief funding. The district was allocated $358 million from that earlier round this month.

According to the plan distributed by House, about a quarter of the overall funding will go toward reversing learning losses in reading, math, science and social studies. About $76 million would be spent on before- and after-school programs, $50 million would go to special education, $53 million for college and military readiness, and $60 million would be directed at social and emotional learning, including the hiring of up to 150 additional counselors and social workers.

It is not clear if the plan is final. A timeline included in the presentation lists two dates to submit applications to TEA and July 28 as the date to share the plan with “community.”

These priorities seem right to me. The first order of business is to get students back to previous levels, and that’s going to take a lot of resources. You can see an embed of the plan in the story, and there will be at least one virtual meeting to discuss it. This is a big challenge for the new Superintendent right off the bat, and I wish him and the Board and everyone else all the best with it. We need them to use this funding to its best advantage.

Weekend link dump for July 18

“Lower vaccination rates among young adults in the United States are resulting in anxiety and painful decision-making for those who are vaccinated but have friends, family, loved ones and colleagues who aren’t.”

Don’t be like Missouri. Parts of Texas are already starting to look like Missouri. That’s bad.

“In May, I broke the story that the UNC-Chapel Hill Board of Trustees would not grant acclaimed journalist and New York Times Magazine staff writer Nikole Hannah-Jones tenure. They didn’t vote it down. They just refused to consider it. Killed it in committee. If that sounds more like politics than academia to you, well …”

“But with that increased attention has come increased scrutiny. Some critics dismiss the paint-by-numbers aspect of some of the genre’s biggest hits, while others worry that the truth often takes a back seat to dramatic flair. Perhaps most worrying is the fact that true crime often exploits or diminishes victims, survivors, and their family members—the people most affected by these horrendous events—while lionizing the perpetrators (and sometimes turning them into sex symbols). As the genre continues to explode in quantity, there’ll be an even greater chance of such mistakes.”

“Archaeologists may finally know the age and true identity of the “Rude Man,” also known as the Cerne Abbas Giant, one of dozens of geoglyphs etched into the British countryside.”

“Business leaders frequently proclaim that “people are our most important resource.” Yet those who are resistant to permitting telework are not living by that principle. Instead, they’re doing what they feel comfortable with, even if it devastates employee morale, engagement and productivity, and seriously undercuts retention and recruitment, as well as harming diversity and inclusion. In the end, their behavior is a major threat to the bottom line.”

“When we think about the normal discrimination statutes…we have protected classes based on something that is sort of inherent to you, with religion maybe being the one that is a choice. But vaccination status you certainly can control.”

“Whereas many people’s fundamental heuristic for health-related decisions is to trust medical and scientific experts, vaccine hesitancy reminds us of the many competing forces informing people’s intuitions about health, be they religious, political, historical, or identity-based.”

RIP, Edwin Edwards, four-term Governor of Louisiana, who defeated David Duke in 1991.

“What we’re seeing right now with these efforts to short-circuit the legislative process is what the legislative filibuster in the Senate should be like.”

“What you do is you take the horse, and you put two horses in a box, and you put the box on the plane.”

“A federal judge has temporarily blocked Tennessee’s transgender restroom law, which requires businesses to post a specific sign if they allow transgender people to use bathrooms that match their gender identity.”

RIP, Charlie Robinson, actor best known for his role on Night Court.

“Days After Threat From Biden, Major Ransomware Group Goes Dark”.

“If you’re a big fan of Coca-Cola Zero Sugar, you may want to brace yourself: The recipe for your beloved drink is changing. Coca-Cola said Tuesday that it is tweaking the beverage in an effort to make the drink taste more like regular Coke.”

RIP, Fred Allred, longtime owner of Houston record store Allrecords.

“My point is that the great voice actors are great at voice acting. Some who are not primarily voice actors can be fine in certain roles in certain situations as Mr. Jones was…but when I see a list of nominees like the one for this year’s Emmy Awards, I think someone is disrespecting professional, full-or-most-time voice actors. They’re voting for celebrity, not talent.”

“Ironically, it was Trump’s own Supreme Court nominees who empowered Biden to purge so many Republican holdovers.”

Of course there’s a Ken Starr connection to Jeffrey Epstein.

“One thinks of 911 as a major advance in American law enforcement, but it had several less than beneficial consequences. In our haste to get to every call and handle them quickly, cops began to lose the intimacy of their relationship with the neighborhood they were policing.”

“For now it is more evidence of what we still – six months on – seem mostly in denial about: a defeated President plotted to overthrow the government to remain in power. The nation’s top general and his colleagues had to come up with contingency plans to thwart the coup they believed the commander-in-chief of the military was plotting.

“Norwegian Cruise Lines, through its counsel Quinn Emanuel, sued Florida for actively jacking its whole business model in the name of trolling.”

“How Lola Bunny Broke the Internet”.

“Republicans were happy to support vaccine when they could credit Trump, then went on the attack”.

“Most of us know generally what “stab in the back” mythology refers to but it is worth understanding in the particulars where the idea comes from and how it relates to today.”

If only these people could have had some way to know that getting vaccinated was a great way to protect themselves from serious COVID risk.

The world is a slightly better place now.

RIP, Biz Markie, hip hop musician, DJ, and actor.

The DACA ruling

Ugh.

Best mugshot ever

A federal judge in Texas ruled Friday that Deferred Action for Childhood Arrivals, a program that allows certain immigrants to temporarily avoid deportation and receive renewable work permits, is illegal and ordered the Biden administration to stop granting new applications.

Judge Andrew Hanen’s order won’t affect current DACA recipients who have the two-year renewable work permits.

“[T]hese rulings do not resolve the issue of the hundreds of thousands of DACA recipients and others who have relied upon this program for almost a decade,” Hanen’s order says. “That reliance has not diminished and may, in fact, have increased over time.”

The ruling stems from a 2018 lawsuit filed by Texas Attorney General Ken Paxton and eight other states against the federal argument. The complaint argues that Texas and the other states face irreparable harm because they bear extra costs from providing health care, education and law enforcement protection to DACA recipients.

Across the country there are more than 600,000 DACA recipients, including 101,970 in Texas, which has the second most DACA recipients in the country after California, according to U.S. Citizenship and Immigration Services.

In 2012, the Obama administration created the program to allow immigrants who were brought to the country illegally to be able to temporarily avoid deportation, work legally and pay taxes.

Hanen said the Obama administration did not use the right legal procedure to create the program, making it illegal.

The program has survived previous court rulings. But the Trump administration had put an end to the program before a U.S. Supreme Court ruling a year ago allowed the federal government to continue it.

The latest ruling will prevent the approval of at least 50,000 new DACA applicants nationwide who applied earlier this year but were not approved before Friday’s ruling, based on USCIS statistics.

There’s a lot of backstory to this, as the original threat of litigation came in 2017. See here, here, here, here, here, here, and here for previous blogging.

What we know at this point: The ruling will be appealed, and I think there’s a decent chance that it is put on hold pending appeals. It will still have a negative effect on a lot of people, many of whom have been in a state of limbo already for a decade or more. There’s a good argument that Judge Hanen’s ruling is erroneous, and thus could be overturned. But really, this is now a super duper way-past-due emergency for the Democrats to fix legislatively while they can. The filibuster is the reason the DREAM Act of 2010 (which had I believe 55 votes in favor) didn’t pass – it’s a bit misleading even to say it had “55 votes in favor”, because that was 55 votes to suspend debate and allow for a vote; it never actually got an up-or-down vote on the Senate floor – and we cannot let it be the reason it fails again. There’s talk of including a new DREAM Act in the infrastructure bill that will be passed by reconciliation. It’s ludicrous that we have to resort to such legerdemain to pass a bill that has majority support, but ultimately I don’t care as long as the damn thing passes.

And finally, another thing we have known for a long time is that Ken Paxton has gotta go. Electing Justin Nelson in 2018 would not have stopped this lawsuit – it had already been heard by Election Day that year, and as noted there were eight other states as plaintiffs – but that’s beside the point. Dumping Ken Paxton’s felonious ass will go a long way towards preventing other bad things from happening. In the short term, though: The DREAM Act has got to pass. No excuses, no other way out. Stace has more.

GLO defends P Bush in Congressional hearing

Dude couldn’t be bothered to show up himself, so he had someone else there to defend him.

Texas Land Commissioner George P. Bush did not play a role in the process that left Houston and Harris County without any federal aid for flood mitigation projects, according to a top disaster official with the General Land Office who defended the agency’s scoring criteria during testimony to a congressional committee Thursday.

Bush, who is challenging incumbent Attorney General Ken Paxton in the upcoming Republican Party primary, has received bipartisan backlash over the GLO’s allocation of $1 billion in flood project funds tied to Hurricane Harvey, none of which went to the 14 projects sought by the city or county. Bush since has announced that he will ask the U.S. Housing and Urban Development Department to direct $750 million to the county.

“For the record, the Texas Land Commissioner George P. Bush was by design recused from the scoring committee and the scoring process,” Heather Lagrone, the GLO’s deputy director of community development and revitalization, told members of a House Financial Services subcommittee. “The commissioner was informed of the competition result only after the projects had been through eligibility review and scored in accordance with the federally approved action plan.”

U.S. Rep. Al Green, a Houston Democrat who chairs the subcommittee, accused the GLO of using a “rigged formula” to distribute the relief money, defining the process as “the hijacking of a federal mitigation appropriations process.”

“I think that the time has come for a course correction,” Green said.

See here for the background. Didn’t you hear the lady, Rep. Green? LEAVE GEORGE P. BUSH ALOOOOOOOOONE!

It was a chicken move for P Bush to not show up and explain himself, but that’s hardly surprising. And let’s face it, had he been there himself, we’d have gotten the same lies about the ridiculous GLO formula and the “red tape” that was actually in place under Trump, and we never would have gotten a rational explanation for why their formula made any sense.

While coastal communities bore the brunt of Harvey, the GLO disproportionately sent the $1 billion in aid to inland counties that suffered less damage and, by the state’s own measure, are at a lower risk of natural disasters, a Houston Chronicle investigation found last month.

Houston Public Works Director Carol Haddock noted during the committee hearing that the GLO declined to award a penny in mitigation funds to Aransas and Nueces counties, where Harvey made landfall, nor to Jefferson County, which saw the heaviest rainfall during the storm, nor to Houston and Harris County, which saw the most damage from the storm.

“The Texas General Land Office’s process for allocating granted zero dollars to all of these localities, and it was only after bipartisan political pressure that the GLO retroactively requested $750 million for Harris County,” Haddock said.

The GLO process got the result it intended. Everything else is details, and a reminder of why you cannot put bad faith actors in positions of power.

What will Harris County do about rising case numbers?

I’m afraid we’ll find out soon enough.

The Harris Health System’s COVID-19 ward was down to just one patient at the beginning of July.

Anxious to hit zero COVID-19 patients, Dr. Esmaeil Porsa, the hospital system’s CEO, purchased and stored a bottle of Martinelli’s sparkling grape juice — “fake champagne” — in his refrigerator. If the COVID ward emptied out, he would drive to Lyndon B. Johnson Hospital, one of the system’s two medical centers, to celebrate with doctors and nurses.

Instead, the numbers went the opposite direction. As of Friday morning, nurses were treating 14 COVID patients at LBJ Hospital.

“We really had the opportunity to have this darn thing beaten,” Porsa said.

COVID-19 infections are climbing upward again in Houston and Texas as vaccine rates lag, the delta variant spreads and people return to their normal lives.

Most of the patients admitted to hospitals for COVID-19 are unvaccinated or have received just one dose of the Pfizer or Moderna vaccines, Porsa said. None of the 119 people who have died from COVID-19 at Harris Health since January were fully vaccinated.

“If that is not reason enough for us to change our attitudes toward a simple, accessible, proven safe and proven effective prevention … I’m just losing my mind,” Porsa said.

Hospitalizations across the state have increased by more than 75 percent in recent weeks: On June 27, 1,428 hospital beds were filled; by July 15, the number had reached 2,519.

According to KHOU, “Almost every county in the area is seeing an increase in new cases”, and “Daily new cases in the Greater Houston area have jumped about 65% in the last two weeks”. (Cases and hospitalizations are rising nationally, too.) They show data from Harris and its surrounding counties except for Liberty and Waller. Harris has the lowest percentage increase, but it’s the biggest county so its sheer numbers are the highest.

We know how Travis County is responding to its increase in cases. Harris County had dropped its threat level to Yellow in May. Are we looking at a step up again?

Harris County Judge Lina Hidalgo has yet to announce any rollbacks for the region.

“There is no conceivable reason why a single additional hospital bed in our healthcare system should be filled with someone who is sick from COVID-19 when vaccines are readily available and free,” said Rafael Lemaitre, a spokesperson for Hidalgo’s office.

Vaccination rates plateaued in late April amid high hesitancy rates and difficulty accessing immunization sites. In recent months, health officials piloted financial incentives such as scholarships to encourage younger people to sign up for an appointment.

Stay tuned on that. Maybe there’s some headway to be made with younger people, whose vax rates are the lowest among age groups. Better happen quickly, that’s all I can say.