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April 11th, 2020:

Do I need to tell you that the Fifth Circuit did it again?

I’m going to tell you anyway, because it’s what happened.

Right there with them

In the latest turn of a whiplash-inducing federal court battle over Texas GOP officials’ near-total ban on abortion during the novel coronavirus outbreak, a federal appeals court on Friday once again lent support to state officials and prohibited the procedure under all but a few narrow circumstances.

For now, the higher court said, the only patients who may terminate their pregnancies in Texas are those who would pass the legal gestational limit for abortions while a gubernatorial emergency order barring elective medical procedures remains in place. The news comes just a day after a federal district judge in Austin ordered that those patients, as well as others planning to undergo “medication abortions,” which involve ingesting pills, should be permitted to terminate their pregnancies as planned.

Texans bans abortions starting 22 weeks after a patient’s last menstrual period, meaning some patients would have been unable to terminate their pregnancies at all.

Providers said the newest order from the federal appeals court makes abortion “largely inaccessible” and said they will weigh every legal option — including seeking emergency relief from the U.S. Supreme Court.

“The court is unjustifiably forcing women to wait until the 11th hour to get the time-sensitive, essential healthcare that they are constitutionally guaranteed,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “We will pursue all legal options to ensure no women are left behind.”

Already, hundreds of patients have seen their planned abortions disrupted, and providers have been thrust into uncertainty as the legal status of the procedures they perform has changed as many as three times during a single week.

The litigation is far from complete, with deadlines as soon this weekend for attorneys on both sides of the case to make more arguments before the court.

See here for the previous update. Someone whose galaxy brain is bigger than mine is going to have to explain to me the rationale for banning medication abortions, since as far as I can tell that imposes no burden on the healthcare system. I don’t know what else there is to say. The Chron has more.

Ridiculous Hotze lawsuit now in district court

We are all dumber by the mere existence of this.

The Texas Supreme Court has dismissed a lawsuit challenging the constitutionality of Harris County’s stay-at-home order, though the legal fight is set to continue in state district court.

The Wednesday ruling came at the request of the suit’s plaintiffs, including longtime conservative activist Steve Hotze and the pastors of three Houston-area churches.

Earlier this week, Jared Woodfill, the group’s attorney, filed a new case in Harris County that similarly claims County Judge Lina Hidalgo’s stay-at-home order violates the plaintiffs’ First Amendment rights because it allegedly continues to restrict church services even after Hidalgo revised it to align with Gov. Greg Abbott’s executive order deeming churches “essential businesses.”

The governor’s March 31 directive, akin to the stay-at-home orders issued by counties across Texas, came one day after anti-LGBTQ Republican activist Hotze and pastors Juan Bustamante, George Garcia and David Valdez filed a petition arguing that Harris County’s order violates the Constitution by ordering the closure of churches and failing to define gun shops as “essential” businesses.

The four original plaintiffs remain on the new lawsuit, and they are joined by Tom DeLay, the former House Majority Leader who represented a district in the Houston area until 2006. The plaintiffs also have challenged Montgomery County’s stay-at-home order in a different state district court.

[…]

Last Friday, Hidalgo revised her order to “permit in-person religious services that comply with the CDC’s guidelines,” according to a court filing by the county attorney’s office. The plaintiffs are continuing to challenge Hidalgo’s order in state district court, Woodfill said, in part because it imposes penalties — up to 180 days in jail and a $1,000 fine — that Abbott’s does not.

Hidalgo’s amended order says: “Per the Texas Attorney General’s guidance on this topic, if religious services cannot be conducted from home or through remote services, then religious services may be conducted in churches, congregations and houses of worship.”

Woodfill said he interprets that language to bar most churches from meeting in person, because most are capable of holding services remotely.

“Just about every church has the ability to do that,” Woodfill said. “Maybe there are some small churches that don’t. That doesn’t mean your parishioners have internet or the ability to access the service. We think that’s clearly government coming in to the church and issuing edicts and mandates that are an infringement on religious liberties.”

See here for the background. All this and Tom DeLay, too, because you can’t spell “stupid, evil, and corrupt” without Tom DeLay. Bear in mind, Hotze got what he wanted from Abbott’s executive order. It’s just that he’s special, so very special, and the rules of law and man don’t apply to him. I could sit here and spew invective at him all day, but what’s the point? He’s a sociopath, and this is what he does. If you get hurt as a result, that’s not his problem.

Coronavirus and driving

There are a lot fewer cars on the road now, though the decrease may not be quite as much as you’d think.

I don’t miss this

Traffic around the country has plummeted since governments began enacting stay-at-home orders amid the coronavirus outbreak, but data from vehicle navigation systems and other monitors shows many of us are still out of our homes and on the road.

Nationwide, traffic analytics firms say, daily traffic remains at about 60% of normal levels, even as the vast majority of Americans tell pollsters they’re staying home more.

In California, where a stay-at-home order took effect March 19, daily trips statewide remain at 58% of normal levels, according to Wejo, a British company that collects data from sensors in some passenger vehicles.

On Wednesday – two days after the District of Columbia, Virginia and Maryland enacted stay-at-home orders – daily car trips in the region remained at 51% of normal in D.C., 53% in Maryland and 59% in Virginia, according to Wejo, which does not include trucks or other commercial vehicles.

The figures are similar in parts of the country at the forefront of the U.S. covid-19 outbreak and where people have been under shelter-in-place orders longer.

[…]

A Washington Post-ABC News poll conducted March 22-25 found that 91% of Americans reported staying home as much as possible due to the coronavirus outbreak, and nearly 9 in 10 said they had stopped going to restaurants and bars.

But plenty of Americans are still on the road, even if they have curtailed their travel.

Some of the remaining traffic, experts say, stems from motorists heading to and from the many worksites that have been deemed “essential”: health-care facilities, supermarkets and liquor stores, construction sites, banks, dry cleaners, hardware stores, pet stores, government facilities, and auto and bicycle repair shops, among others. The Washington region’s orders also exempt plumbers, electricians and others needed for home repairs.

Some workers who previously might have taken mass transit or carpooled might now be driving alone in an attempt to distance themselves from others, experts say. Public transportation service hours also have been curtailed dramatically.

And though many of us have greatly reduced our travel, we usually can’t eliminate it. Activities deemed essential to carrying on daily life include fetching food, going to a doctor’s appointment or picking up a prescription. In The Post-ABC News poll, 6 in 10 people said they had stocked up on food and household supplies.

And if you want to hit the road to avoid climbing the walls? Washington-area officials say it’s OK to drive for “leisure” or relaxation – a pastime not typically associated with the region’s roads.

It turns out that a lot of driving is not just for going to and from work, but for things like errands and shopping, which people are still doing albeit not as often. And of course there are a lot of people who still have to go to work, for those essential services. My team was ordered to start working from home on March 9, and I’ve barely been on the road since then. I don’t miss it at all. It has been a good opportunity to give my elder daughter some road experience with her learner’s permit, since we’re much less likely to encounter nasty conditions. This was a national story from the Washington Post, so there was no Texas-specific information in it, but an earlier Chron story suggests we’ve seen the same effect here, so much so that conditions have been great for road construction projects. It wouldn’t surprise me if one result of all this is more people working from home for the long term, which in turn would mean a permanent dip in traffic. We can all hope.

RIP, XFL

Tough break.

The XFL suspended operations Friday morning and laid off nearly all of its staff, multiple sources told ESPN. While a handful of executives remain employed, the league currently has no plans to return in 2021.

The league canceled its season last month after five games as part of a nationwide shutdown due to the coronavirus pandemic, pledging to return next year.

But XFL CEO Jeffrey Pollack changed course Friday, conducting a 10-minute conference call to inform employees of the news.

Commissioner Oliver Luck, hired in 2018 to guide the most ambitious spring football league in decades, did not speak on the call. It was not immediately clear if he is still with the league.

According to a prominent former XFL staffer who was on the call, Pollack stopped short of saying the league was going out of business. But the strong implication was clear. “It’s done,” the staffer said. “It’s not coming back.”

There was no immediate comment from the league.

I wasn’t a fan of the XFL. Nothing against it – it certainly wasn’t laughable the way the original XFL was – it just held no interest for me. From what I observed, they put out a reasonably entertaining product, and a few players like former Houston Roughnecks quarterback P.J. Walker made enough of an impression to sign with NFL teams. They seemed to be on the road to at least having another season, but that was not to be. Perhaps this means another league will give it a try down the line, as the proof of concept seems to have been a success. Just not enough of one to survive this pandemic, the main difference between the XFL and established sports leagues being the latter have a lot more cash on hand to ride things out for awhile. I am somewhat worried about other leagues, from minor league baseball to lower-tier leagues like the ones for rugby and softball, maybe even to the NWSL and MLS. As with so many other things, who knows what the landscape may look like a month or a year from now.