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November 20th, 2016:

Weekend link dump for November 20

Making the case for the Detroit Lions as America’s next favorite sad-sack perennial-loser franchise.

“Donald Trump is Marion Barry for rural white people.”

RIP, Leon Russell, Rock and Roll Hall of Fame musician and songwriter.

RIP, Robert Vaughn, versatile character actor best know for The Man From U.N.C.L.E..

“According to two sources with direct knowledge of the company’s decision-making, Facebook executives conducted a wide-ranging review of products and policies earlier this year, with the goal of eliminating any appearance of political bias. One source said high-ranking officials were briefed on a planned News Feed update that would have identified fake or hoax news stories, but disproportionately impacted right-wing news sites by downgrading or removing that content from people’s feeds. According to the source, the update was shelved and never released to the public. It’s unclear if the update had other deficiencies that caused it to be scrubbed.”

“If all undocumented workers were immediately removed from the country, Edwards and Ortega forecast a decline of 9 percent in agricultural production and declines of 8 percent in construction and leisure and hospitality over the long term.”

RIP, Gwen Ifill, prominent political journalist and Presidential debate moderator.

“You, a good-hearted, well-intentioned, America-loving person, can publicly and loudly demand that the President-elect and all of his surrogates and appointees denounce all hate groups who are celebrating this win as a win for their agenda.”

“I have lived in autocracies most of my life, and have spent much of my career writing about Vladimir Putin’s Russia. I have learned a few rules for surviving in an autocracy and salvaging your sanity and self-respect. It might be worth considering them now.”

“It’s a tremendous problem when it’s completely obvious how someone seeking governmental action from the United States can provide substantial benefit to its chief executive.”

“There’s a reason that IOKIYAR—It’s OK If You’re A Republican—has become such a widely-used acronym.”

Well done, Brett Gelman. Well done.

“Much has been written about financial hardship turning afflicted white communities into breeding grounds for white supremacist politics, but what about when dissatisfaction has little to do with economic circumstance? It’s hard to know what can be done to combat this phenomenon, but surely we have to start by taking the link between online hatred and resentment of women and the rise of neofascism seriously.”

What Fred says.

Fewer NBA teams will be staying at Trump hotels.

“So, frustrated with Washington dysfunction, the voters have just rewarded the obstructionists.”

RIP, Ruth Gruber, who accompanied 1,000 Jews to the shores of the United States during the Holocaust. A truly amazing woman, do yourself a favor and read her obituary.

RIP, Dr. Denton Cooley, renowned heart surgeon.

RIP, Sharon Jones, amazing Grammy-nominated soul and funk singer. 2016 just keeps getting worse.

So now what for voter ID?

It’s hard to say how much prospects have changed now that Donald Trump gets to appoint the ninth Supreme Court justice, but it’s fair to say that thing haven’t improved for the plaintiffs.

Still the only voter ID anyone should need

Still the only voter ID anyone should need

Five years ago, Texas passed one of the strictest Voter ID laws in the country. The legal fight began immediately and has continued through this day, with critics of the law getting some assistance from the Obama administration’s Justice Department.

Now, with Republican Donald Trump set to ascend to the Oval Office, the law’s future is more uncertain than ever. Among the questions up in the air: Whom will Trump nominate to the U.S. Supreme Court seat left vacant by Antonin Scalia’s death, and how will a Trump-led Justice Department operate compared to the current administration?

“We’re not going to stand idle when a law is discriminatory,” said Leah Aden, senior counsel of the NAACP Legal Defense Fund. “The strategy may be different depending on who is in office, but we’ll fight it regardless of who’s in power.”

[…]

Rick Hasen, an expert in voting law trends and a professor of political science and law at the University of California, Irvine, said Texas has a “very good chance” at reversing the 5th Circuit’s ruling against them if Trump appoints a conservative justice to Scalia’s seat and the court decides to hear Texas’ appeal. It would depend, he said, on how the court reads Section 2 of the Voting Rights Act, which forbids changes that discriminate against minorities.

“If the court reads Section 2 very narrowly, as I expect a conservative court majority would, that would lead to a reversal of the 5th Circuit’s decision,” Hasen said. “The Supreme Court could say that the 5th Circuit applied the wrong standards to determine whether or not that was discrimination.”

See here for the last update. I’m not going to argue with Prof. Hasen, but I will say that the full Fifth Circuit, which also has a pretty conservative majority, ruled for the plaintiffs, so all hope is not lost. Antonin Scalia was always a vote to uphold voter ID, so the net effect of a Trump appointment is basically neutral. As with many things, it will likely come down to Anthony Kennedy. Having the Justice Department switch sides or at least drop out of the proceedings would be appalling but probably not a difference-maker. It’s not an optimal position to be in, but all hope is not lost.

The much greater challenge now will be the litigation over whether the law had discriminatory intent. That case is in Judge Nelva Gonzales Ramos’ court, with briefs by both sides due Friday. The story says she will issue a ruling by January 24. No matter how she rules, the road after that is considerably rocky, but let’s not get ahead of ourselves.

The other thing to watch for is the Legislature. Greg Abbott and Dan Patrick have been vowing to revisit the voter ID law in the next session, and with the current national landscape I doubt they will feel any restraints when they do. Whatever they pass will wind up in court again, and after that, who knows? I know we already know this, but it’s going to be an ugly four years.

UPDATE: Those briefs have been filed, by the Justice Department and the Attorney General.

Pot bills get their own post

They got their own story in the Trib, so why not their own post.

Zonker

Texas lawmakers across the state say they want leniency in how the state prosecutes marijuana crimes. In an interview with Texas Tribune CEO Evan Smith Monday, State Rep. Jason Isaac, R-Dripping Springs, said he thinks the Legislature could decriminalize possession of small amounts of marijuana next year, especially after several states did so on Election Day.

“We’re spending our tax dollars on incarcerating [people that don’t deserve to be incarcerated] because they got caught with a small amount of marijuana,” said Isaac, whose district encompasses Texas State University. “These are people that we probably subsidize their public education, we probably subsidize where they went to a state school, and now they’re branded as a criminal when they go to do a background check.”

Isaac added that last session he was approached by state Rep. Joseph “Joe” Moody, D-El Paso, who asked Isaac to sign on to a decriminalization bill but didn’t because he “didn’t feel like it was the time.” During the interview Monday, however, Isaac said “it is the time now” and publicly pledged to sign on and work to get a bill passed that would decriminalize small amounts of marijuana.

Among the Texas proposals that have been filed thus far:

  • House Bill 58 by state Rep. James White, R-Woodville, would create a specialty court for certain first-time marijuana possession offenders based on the principle that first-time defendants are often self-correcting. The measure is intended to conserve law enforcement and corrections resources, White said in a news release.
  • State Rep. Joseph “Joe” Moody, D-El Paso, filed House Bill 81, which aims to replace criminal penalties for possession of up to an ounce of marijuana with a civil fine of up to $250. The bill also allows Texans to avoid arrest and possible jail time for possessing a small amount of marijuana. Moody authored a similar bill during the previous legislative session; it did not pass.
  • State Rep. Harold Dutton Jr., D-Houston, filed House Bill 82, which aims to classify a conviction for possession of one ounce or less of marijuana as a Class C misdemeanor instead of Class B. However, if a person is convicted three times, it would revert back to a Class B misdemeanor. Dutton co-authored a similar bill last session with Moody.
  • State Sen. José Rodríguez filed Senate Joint Resolution 17, which would allow voters to decide whether marijuana should be legalized in Texas, following the pattern of a number of states.
  • Senate Joint Resolution 18, also authored by Rodríguez, would allow voters to decide whether to legalize marijuana for medical use if recommended by a health care provider. “It is long past time we allow the people to decide,” Rodríguez said in a statement.
  • Rodríguez also filed Senate Bill 170, which would change possession of one ounce or less of marijuana from a criminal offense to a civil one.

Some of this is a continuation of efforts from 2015, some of it is in recognition of the multiple pro-decriminalization referenda that passed in other states, and some of it is from the desire to save a few pennies on law enforcement and criminal justice. I don’t care about the motive, I applaud the direction. As was the case in 2015, the main (though not only) obstacle is likely to be Greg Abbott, who was not interested in anything more than the meager cannobinoid oil bill that passed during that session. Typically, Abbott has had nothing to say about whether he remains firmly anti-pot or not. We’ll have to see what the lobbyists can do with him. For those of you who want to see changes, these are the bills to follow for now.

Smoke-free Houston, ten years later

From the inbox:

It’s been 50 years since the release of the Surgeon General’s Report on Smoking and Health and the harmful consequences from the use of tobacco. 2016 marks the 10th year of the adoption of Ordinance No. 2006-1054 prohibiting indoor smoking in Houston public areas and places of employment. Individuals could no longer smoke in enclosed public places and workplaces or within 25 feet of a building entrance and exit.

So, where are we now, ten years later?

The Houston Health Department has compiled a brief of the ordinance impact on Houston heath and economy, describing successes and future challenges ahead.

Here is what I blogged about the ordinance at the time. There was a social media campaign going on to promote this anniversary. It began on November 7, the day before the election when everyone was sure to tune into such a campaign, and it culminated on November 17, which is the date of the annual Great American Smokeout. Timing issues aside, the document linked at the top of this post is worth perusing. Fewer people are smoking in Houston, though we are not yet at the goal envisioned by this law, and there are measurable health benefits as a result. I certainly prefer this world to the one we used to live in.

Anyway. The Go Healthy Houston Facebook page is where you will see some of the social media stuff. There are concerns about e-cigarettes, which are becoming popular with the kids, and which are currently exempt from existing anti-smoking laws because e-cigs didn’t exist at the time those laws were passed. I’ve noted this before, and I’ll say again that I won’t be surprised if this eventually makes its way before Council for a tune-up on the no-smoking ordinance. There was legislation proposed in 2015 to ban the sale of e-cigs to minors, but none of the bills in question made it through. This too may come up again in 2017, not that it will be a priority. In the meantime, go visit a park or restaurant and enjoy the smoke-free air around you. It’s so much better this way.