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March 22nd, 2020:

Weekend link dump for March 22

“How the GOP’s War on Government Paved the Way for Trump’s Deadly Incompetence”.

“Small disruptions create small societal shifts; big ones change things for good. The O.J. Simpson trial helped tank the popularity of daytime soap operas. The New York transit strike of 1980 is credited with prompting several long-term changes in the city, including bus and bike lanes, dollar vans, and women wearing sneakers to work. The 1918 flu pandemic prompted the development of national health care in Europe.”

“The 10 Trader Joe’s Products that Shoppers Won’t Buy Even During a Pandemic”.

The word of the day, and possibly of the year, is superspreaders. This is why large public gatherings have to be shut down.

“New evidence suggests that blue whales are making a comeback”.

“Biden says he’ll name a black woman to the Supreme Court. Here are five names he could pick.”

“So, keep your eye out for this flip of the switch. Conservatives may seem blasé now, but it’s unlikely to last. Before long, they’ll be the ones suffering from the most anxiety and Trump will stoke their fear as much as he can in an effort to keep his job.”

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“I am in the one-trillion-to-two-trillion-dollar camp, preferably by dinner time. I think they should be just throwing money at people and businesses that are in the front line. Cash has to be given out to households. Cash has to be given out to small businesses. Cash has to be given out to gig workers. I don’t know what the figures are for Uber drivers, but they are probably catastrophic.”

“After repeatedly dismissing the coronavirus pandemic as a liberal hoax designed to bring down the president, Fox News appears to have finally woken up to reality. On Tuesday, the network joined others in practicing on-air social distancing, telling viewers that such measures were crucial to curbing the spread of infections.”

RIP, Lyle Waggoner, actor best known for Wonder Woman and The Carol Burnett Show.

Gritty is the hero we need but don’t deserve.

Let Lizzie McGuire be the grownup she would now be.

What is ESPN to do right now?

“Biden Should Pick Warren as VP, Immediately”.

“close your eyes. imagine how you think a penguin walks down stairs. wrong. it’s better than that.”

“How did the U.S. fumble its response to the coronavirus so colossally, even with so much lead time? Why, with the number of diagnosed COVID cases in the U.S. climbing toward 4,000, do we still not have nearly enough tests? A large part of the blame lies with President Trump, who has not wanted widespread testing, apparently out of an obsession with keeping the number of confirmed COVID cases low.”

Buzz Aldrin, ladies and gentlemen. A national treasure.”

RIP, Alfred Worden, Apollo 15 astronaut who orbited the moon. Here’s a lovely tribute to him by science writer Amy Shira Teitel.

Four words: Drive-through strip clubs. You’re welcome.

Playboy has announced that it’s closing down its flagship magazine for the rest of 2020. It seems unlikely, given the wording of the announcement and the state of print magazine-making, that it will ever return.”

RIP, Kenny Rogers, country music legend.

TDP files lawsuit to expand vote by mail

All right, then.

Following fruitless negotiations over how to proceed with the upcoming primary runoff elections, Texas Democrats are looking to the courts to push for an expansion of voting by mail in the state.

In a lawsuit filed in Travis County district court late Friday, the Democrats are asking a judge to declare that a portion of the Texas election code allowing voters to cast a mail-in ballot if they suffer from a disability applies to any voter in Texas “if they believe they should practice social distancing in order to hinder” the spread of the new coronavirus.

The lawsuit was filed on behalf of the Texas Democratic Party and two individual voters who would seek to vote by mail given the state of the coronavirus outbreak.

“Whatever happens from this moment forward with respect to the pandemic, numerous voters, including the two individual Plaintiffs herein, seek to avail themselves of the option of mail-in ballots,” the lawsuit reads. “Similarly, the Texas Democratic Party needs to know how state law permits local election officials to handle such ballots cast in the Texas Democratic Party Runoff Primary Election so the [party] can determine how it desires to proceed in selecting nominees who were facing a runoff.”

[…]

Election officials in Texas generally agreed that a traditional election for the runoffs is implausible if the current circumstances — including limits on public gatherings and the ongoing closures of locations that typically serve as polling sites — were still true in May.

But in conversations with the Texas Democratic Party this week, some local election officials said they opposed moving to universal voting by mail, under which all registered voters or all voters who participated in the March primaries would be automatically sent ballots, without a postponement to build up their capacity to take on that expansion.

The expansion Democrats are seeking would not result in all mail-in ballot election, and voters would still have to formally request mail ballots from their counties.

See here for the background, and here for a copy of the lawsuit. It’s basically the argument that we’ve discussed before about the law as written being sufficiently broad – or vague, if you prefer – as to allow anyone who believes they qualify for the disability provision due to health issues, especially in this time of coronavirus, to be able to vote by mail. Obviously, I believe this argument has merit, though I thought it would be more of a stealth application rather than formally litigating the question. There will need to be a quick ruling for this to be relevant to the runoff, so I expect we’ll have an idea of what the courts think shortly. We’ll see.

Does Houston have enough hospital capacity?

We sure hope so.

Houston-area hospitals would not have enough resources to respond to a widespread outbreak of the coronavirus unless they take strong action to significantly increase capacity, according to new calculations released by Harvard University.

Even in the most conservative of three outbreak scenarios that it created, the Harvard Global Health Initiative found that Houston-area hospitals would lack the necessary beds to care for all patients in need of hospitalization. In a worst case scenario, it would need four times the number currently available in the region.

In the middle scenario — if 40 percent of adults contract the virus over a 12-month period and a fifth of them require hospitalization — more than 430,000 people would be hospitalized in that time. That would require 14,300 beds on an average day, nearly three times the estimated number currently available in Houston.

“We simply do not have enough hospital capacity to assume all of those people,” Harris County Judge Lina Hidalgo said last week, assuming 30 percent of county residents were to become sick at the same time. “We can’t afford to have a sudden spike in cases.”

The Harvard initiative data, taken from what’s known as a modeling exercise, don’t constitute predictions so much as they provide scenarios that hospital and policymakers can take into account in planning for a possible surge of the epidemic of COVID-19, the respiratory disease caused by the coronavirus. The data was produced at local hospital market-specific levels because “how many beds are available in Boston is irrelevant to a person in Utah,” said Ashish K. Jha, director of the institute.

The study, released Tuesday, modeled nine scenarios. The scenarios use infection rates of 20 percent, 40 percent and 60 percent and outbreak spans of six, 12 and 18 months.

A 20 percent infection rate over 18 months would mean fewer people caught COVID-19 than fell ill to the flu last year, according to an analysis by ProPublica. Previous studies have suggested the virus is more transmissible than the flu.

The study assumes that hospitals will not free up occupied beds by delaying elective procedures or sending people home early. It also assumes hospitals will not add beds.

[…]

The Harvard calculations were criticized by some policy experts and doctors, who said not enough is known about the spread of COVID-19 to make meaningful assumptions.

“It’s incredibly hard to (make) projections about what’s going to happen because this is a unique first-time event and we have so little data,” said Vivian Ho, a Rice University health economist. “Because we don’t have that much testing, we do not know how quickly it’s spreading, what percent of cases are serious, if we can target hot-spot areas and essentially shut them down.”

Ho added, “I hope there’s something wrong with their assumptions because if not, we’re doomed.”

I’m not an expert, but I do know that Houston hospitals are in fact now suspending elective procedures, so that should help. I have hope that all this social distancing we are doing will help, too. Beyond that…man, I don’t know. I can’t wrap my mind around the possible bad outcomes we may face. I have hope because the other options are just too grim.

Les traffic, easier construction

We’ll be talking about the knock-on effects of the coronavirus pandemic for years to come.

A lighter load on Houston-area freeways and COVID-19 concerns have not slowed the heavy machinery making way for more lanes or new ramps along many of the routes seeing unprecedented drops in traffic.

Some crews will even ramp up work as traffic takes a coronavirus-induced holiday.

“Lighter traffic on our roadways potentially presents some opportunities to advance some of our work, and that is being assessed on a case-by-case basis,” said Raquelle Lewis, spokeswoman for the Texas Department of Transportation in Houston.

All TxDOT projects remain active, Lewis said.

Houston Public Works and contractors on city jobs also remain out tying steel, pouring concrete and smoothing asphalt, Public Works spokeswoman Erin Jones said this week.

This is actually a great time to hit the streets and get some major work done while there are fewer folks driving, officials said. Work is accelerating or changing on a handful of projects, Lewis said. Typically during the Houston Livestock Show and Rodeo, crews halt work on TxDOT projects in the vicinity of NRG Park. When the rodeo pulled up stakes, the highway workers returned.

The chance to disrupt fewer drivers also is changing some schedules, Lewis said.

“Work on the (Loop) 610-Interstate 69 interchange project has moved up the placement of beams for some of the new connectors,” she said.

Contractors working with TxDOT also are seeing if they can extend lane closures to expedite work while traffic volumes are low. Lewis said those are being evaluated on a case-by-case basis.

“As events evolve, this also could change,” she said.

This all might not last too long – Lord knows, we are all hoping that the bulk of the social-distancing requirements will have a short lifespan – but road construction will be a little easier, and a whole lot less disruptive, in the meantime. I know I’ve barely been in my car over the past two weeks – my group at work was told to start telecommuting ahead of most others, and this past week was spring break. What has been your experience – are you driving less and enjoying the respite, or driving as much and enjoying the lesser traffic?

Another review of Judge Hidalgo’s first year

Though, oddly enough in a story about Harris County Judge Lina Hidalgo’s first year in office, most of the text is about outgoing Commissioner Steve Radack and the two-year-long temper tantrum he’s been throwing.

Judge Lina Hidalgo

For many years, the Harris County Commissioners’ Court, which oversees the third most populous county in the country and one of its most diverse, had been a place of easy consensus. At the time of Radack’s outburst, four of the five members of the commissioners’ court were white Republican men. They included county judge Ed Emmett, a popular moderate in a party running out of them. Most sessions passed by with the placidity of a koi pond. By cheering activists who sued the county and asserting that commissioners were supporting a racist policy while simultaneously trying to join their ranks, [Commissioner Rodney] Ellis was cannonballing into the water.

Three years later, in July of 2019, Radack looked considerably more chastened when the newly elected Ellis and the rest of the commissioners’ court met to vote on a settlement to the lawsuit—a sweeping $100 million overhaul that largely abolished the practice of jailing misdemeanor defendants who can’t afford cash bail. Reformers across the country hailed it as a major step toward making the criminal justice system fundamentally more equitable. The settlement was possible only because, just eight months before, Harris County voters had handed control of the commissioners’ court to Democrats for the first time since 1990. Radack and Jack Cagle were now the only two Republicans left on the court. Most astonishingly, voters had seen fit to replace Emmett, the beating heart of the county’s political establishment for more than a decade, with Lina Hidalgo, a 27-year-old Latina who had moved back to Houston to run against the 69-year-old Emmett. She was the first woman and Latino to lead Harris County.

Now Hidalgo and the other two Democrats—Ellis and former Harris County sheriff Adrian Garcia—ran things. For years, meetings had rarely lasted an hour. Under the new management they felt like committee hearings in the state legislature, often going for more than five hours and sometimes as long as nine, as the new majority pushed to enact its agenda—criminal justice reform, bringing transparency to county government, and improving flood planning—while members of the public came to support, oppose, and debate.

At the July meeting, Hidalgo beamed as she introduced the bail-reform settlement to the court. “This is a proud beginning,” she said, in the fight to build a criminal justice system in which “fairness and justice are preeminent.” She quoted from Martin Luther King Jr.’s 1963 address on the National Mall. She exuded, as members of her generation would say, good vibes only.

Ellis, a political operator who served 27 years in the Texas Senate, spoke glowingly too, calling the settlement, somewhat hyperbolically, “just as big as” Brown v. Board of Education. But the most dramatic moment came when he moved closer to his mic and stared at the side of the room where Radack and Cagle sat. “A very oppressive system has existed for decades,” he said. “And I don’t point an accusative finger at anyone, but it did, I think, indicate a certain blind indifference to what was going on. I think it’s incumbent on us to admit that,” he said, slowing for emphasis.

When it was his turn to speak, Radack turned to address the packed chamber, where during the period of public comments, most had spoken in support of the settlement. He understood that there were racial injustices in the system, he said.

But then he began pounding his palms on the wood in front of him. “This is a public table,” he said, his voice rising to a shout. Issues such as bail reform were supposed to be discussed in public, “not [by] a few people from the commissioners’ offices and whomever, behind closed doors . . . sitting there and discussing what they’re going to do for all of us.” He stood up, getting angrier and flipping through the lengthy settlement for the audience. “Every single page says ‘Draft,’ ‘Confidential,’ ” he said. “I think that sucks!”

Hidalgo politely noted that the text of the settlement had been made available to the commissioners three days earlier. “And let’s be careful with the public table,” she said. Radack was learning something Ellis knew very well: It’s not fun to be in the minority in a lawmaking body. “There are consequences to elections,” Ellis added calmly. At the end of the year, Radack announced he was retiring, boosting Democrats’ chances of electing the fourth Democrat to the commissioners’ court this November—and giving them the same level of dominance Republicans enjoyed just a few years ago.

[…]

Now in the minority, Radack and his fellow Republicans have found other ways to show their displeasure. For one, they’ve made a lot of noise. At one meeting regarding transportation funding, Cagle brought copies of George Orwell’s dystopian novel 1984 to distribute to the audience, accusing Hidalgo’s court of engaging in doublespeak.

But the most important scuffle came in October. The commissioners met to pass a tax hike that would increase the county’s revenue by 8 percent before an annual deadline, citing the need to raise money before new laws passed by the state legislature went into effect that would restrict their ability to do so in the future. Cagle and Radack didn’t show up—depriving the court of a quorum and preventing a vote. (State law requires that four of the five members of county commissioners’ courts be present to vote on tax increases.) Hidalgo says the consequences of that missing revenue will hurt the county in the long run. “You won’t see a huge difference from one year to the next,” she said, “but it will compound over time.”

That anti-majoritarian maneuver is one reason why many Republicans in Austin are closely watching what’s happening in Harris County. Never huge fans of cities and counties to begin with, GOP lawmakers, led by several Houston-area Republicans, cracked down hard on local government during the 2019 session.

Now imagine if the Democrats tighten their grip on Harris County, finally flip Fort Worth’s Tarrant County (the last urban Republican holdout), and take over quickly growing suburban counties like Hays (south of Austin) and Fort Bend (southwest of Houston). Then they draw new county commissioner precincts to solidify their control. In this dark future for conservatives, Republicans in the Legislature work even harder to rein in Hidalgo and her colleagues across the state.

If Democrats can pick up Radack’s seat, only one Republican would remain on the commissioners’ court, which would prevent that Republican from breaking the quorum again. But what if the Legislature, learning from Radack’s example, changed the law to require all five members of the commissioners’ court to be present? Many blue counties, even the big Democratic ones like Dallas and Travis, have at least one Republican commissioner who could, if the law were changed, nullify the wishes of the other four and hold one-person veto power over budgetary matters, with huge consequences for local governments across the board. “That would be a pretty major thing,” said Radack, who’s given the issue a good deal of thought. “Probably one of the most major pieces of legislation to come around in a long time.”

I should note, this story was written, and I wrote my draft post of it, before coronavirus took over all of our lives. It should be clear that every politician going forward will be judged on how they performed during this particular crisis. I think Judge Hidalgo is doing quite well on that score so far, but we still have a long way to go. Now here’s what I wrote when I first blogged about this.

Putting Radack’s jackassery aside, I’ve been thinking a lot about what might happen in the near future as Republicans continue to lose their grip on the larger counties and maybe possibly could lose control at the state level. We saw what they did on the way out the door in states like Wisconsin and North Carolina, after all. Imagine if Dems do take over the State House this November. Would Greg Abbott call a special session to get one last shot at passing bills in a full-GOP-control environment? Maybe even take some action to clip a future Democratic Governor’s wings? He’d want to act now and not wait till his hypothetical loss in the 2022 election, because if there’s a Dem-majority House, he’s out of luck. For sure, the assault on cities and counties will be much harder to pull off without a Republican monopoly. The good news for us Dems is that it would be hard for Republicans here to make like their counterparts in WI and NC, but not impossible. We need to be thinking about this, and have some strategies prepared for just in case.

Anyway. To reiterate what I said before, I think Judge Hidalgo has done a very good job, and has positioned herself and the Court to do a lot more good this year. It’s not necessary to trade out Radack for a better model – that 3-2 majority is fine almost all the time – but it would help. And Lord knows, the man has had more than enough time in the spotlight. Move along, already.

(By the way, Fort Bend has already flipped. In the same way that Harris did, by Dems winning one Commissioner’s Court seat and the County Judge’s office, to go from 4-1 GOP to 3-2 Dem. And as with Harris, Fort Bend Dems have a chance to win a Republican-leaning set this year to get to 4-1 in their favor.)