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May 7th, 2020:

What if it were Ed?

The question to ask yourself in reading this story about Republicans bitching and moaning about Harris County Judge Lina Hidalgo is “How different would things actually be if Ed Emmett were still County Judge?”

Judge Lina Hidalgo

By the time Harris County Judge Lina Hidalgo ordered residents to cover their faces in public April 22, Dallas, Bexar and Travis counties already had issued similar measures intended to blunt the spread of the novel coronavirus. Laredo’s mask rule, already 17 days old, also carried a potential $1,000 fine.

Only Hidalgo’s order drew the ire of Lt. Gov. Dan Patrick.

He blasted the rules as an abuse of Hidalgo’s authority. U.S. Rep. Dan Crenshaw, another Republican, said potential fines of up to $1,000 for violators would lead to government tyranny. The Harris County Republican Party and business coalitions decried the order.

Gov. Greg Abbott struck down the punishments on Monday, hours after Harris County’s order went into effect.

Much like the widening national political divide over how government should manage the pandemic, criticism of the county’s response falls along familiar partisan lines. Hidalgo has sparred with Republicans — and sometimes other Democrats — over releasing inmates from the county jail, closing businesses and requiring masks in public.

The clashes often are proxy battles over Hidalgo’s vision for the county she has pushed since taking office last year, when Democrats took control of Commissioners Court for the first time in a generation.

“More or less, they’re the same fights, but magnified because of the political implications for where the state is going to go in the future,” said Brandon Rottinghaus, professor of political science at the University of Houston.

[…]

Some of the critiques lobbed at Hidalgo focus on her youth, ethnicity and gender. She often asserts herself in these situations — whether a public speaker refers to her as a girl or, as Commissioner Steve Radack has called her, “young lady” — but otherwise moves on.

Most of the criticism is not identity-based, however. Many conservatives fundamentally disagree with her expansive view of government, willingness to raise taxes and dipping into the county’s historically high cash reserves.

The two Republican county commissioners, Radack and Jack Cagle, have accused Hidalgo of ignoring her promises of transparency, failing to seriously solicit their counsel and only seeking the advice of experts who are inclined to agree with her. Commissioner Rodney Ellis, formerly the only Democrat on the court, chalked his colleagues’ complaints up to unfamiliarity with serving in the minority.

The complaints extend to her handling of the pandemic. Houston City Councilman Greg Travis, who opposed closing the rodeo and the stay-at-home order, said Hidalgo did not properly consider the economic damage the restrictions would bring.

“It’s up to leaders to listen to experts in various fields and to try to chart a course that is best,” Travis said. “We put 350,000 people out of work.”

He cited Hidalgo’s mask order, which he said was foolish because police had little capacity to enforce it, as a misstep attributable to her inexperience. Travis said if masks were so important, Hidalgo should have required them a month earlier, along with closing down public transit.

Let’s start at the bottom and work our way up. I cannot take seriously anyone who thinks Judge Hidalgo should not have shut down the Rodeo – she herself thinks maybe she should have acted more quickly to shut it down – and the rest is petty nitpicking from the peanut gallery. CM Travis’ press release that criticized the Rodeo shutdown is one of those things that is Not Going To Age Well. And really, does anyone believe Ed Emmett wouldn’t have done the same thing, perhaps a bit later, perhaps even a bit sooner? We’ve wasted enough time on this.

As for the Commissioners Court complaints, Rodney Ellis is 100% right. Republicans had forty-some years in the majority. Steve Radack got to build a soap box derby park in Hockley as lord and master of his little fiefdom because he could. The county is a different place now, and they are all cordially invited to sit down and suck it up.

Finally, in regard to Dan Patrick and the rest of the nattering nabobs, again I ask what if anything do you think Ed Emmett would have done differently? Remember, Montgomery County and its extremely Trump-friendly County Judge issued a shutdown order on March 27, a mere four days after the Harris County order was issued. Harris County was a day or two behind the likes of Dallas and Bexar and Travis. The specifics of various county shutdown orders – and remember, it was counties doing this because Greg Abbott was too timid to do the potentially unpopular thing of closing businesses and schools – varied a bit from one to the other, but they were broadly the same. Restrictions on churches were controversial around the state, but only Harris County has the Steven Hotze death squad, while no one particularly cared about face mask orders until Lina Hidalgo issued one.

My point is, she’s done the things that county judges have done, more or less at the same time and in the same way as other county judges have done. But she’s young, she’s Latina, she’s bilingual, she’s not been cowed by swaggering dinosaurs like Steve Radack, and worst of all, she’s a Democrat who beat the one Republican everyone thought would survive the 2018 blue wave. (Did I mention that Dan Patrick lost Harris County by a 56-42 margin in 2018? Harris County doesn’t care what you think, Dan.) Especially for a bunch of self-styled alpha males, the level of whining these guys generate is truly impressive.

I should note, by the way, that if Ed Emmett were still County Judge he’s likely have had some rhetorical rocks thrown at him as well, in large part because the Dan Patrick faction thinks he’s a RINO squish. I just don’t think anyone would be comparing him to a children’s cartoon character. You tell me what that says about the critics and their criticisms.

Might a Democrat challenge her in 2022? Anything is possible, and as we saw this year, nobody is likely to get a free pass. Hidalgo has not been a huge fundraiser, but she’s done all right and she has time to step it up. The questions I would ask are 1) what issue that is likely to resonate with the typical Democratic primary voter would such a candidate champion, and 2) what kind of establishment support would such a candidate be likely to get? The 2022 primary will not be as big as the 2020 primary was, but if there are some compelling candidates for the top statewide offices, it will get decent turnout. For what it’s worth, from my vantage point as Democratic precinct chair, I’ve not heard much in the way of complaint about Judge Hidalgo’s performance – quite the opposite, in fact – nor am I aware of any potential candidates out there shaking the trees. Obviously, it’s ridiculously early, we’re in a moment where basically nobody is campaigning for anything, and there’s still plenty of time for things to happen. I’m just saying, if the bulk of the complaining about Hidalgo is being done by Republicans, I don’t see how that hurts her any in the next Democratic primary.

Chip Roy would also like you to die for the economy

Truly, I struggle to understand this kind of thinking.

Rep. Chip Roy

U.S. Rep. Chip Roy, a firebrand freshman Republican, on Wednesday called for a return to economic normalcy amid the COVID-19 pandemic, in order to secure an “overall net positive outcome” for Americans.

“The goal here is for the least amount of human harm, right?” the Austin conservative said in a Wednesday interview with The Texas Tribune’s Evan Smith. “And so the virus is one piece of a much larger puzzle. So should we reopen our society? I believe yes.”

“I think it is important for us to engage as human beings together, to worship together, to work together. Can we do it in a way that protects the most vulnerable?…It’s important that we do that, and we can do that.”

Roy argued that the American economy cannot freeze for the months or years it will take for scientists to develop a vaccine.

“We need immune systems that are strong. We need immunity systems that can fight this,” he said. “We need herd immunity. So we have to work through this together to get re-engaged so we can build that up.”

When pressed over whether the herd immunity concept will lead to unnecessary deaths, Roy countered that the nationwide lockdown and its subsequent delays in cancer screenings, addiction treatment and mental health ramifications from unemployment have added to indirect death and suffering.

Just so we’re all on the same page here, the “herd immunity” strategy only works if something like 60% of the population becomes infected. Remember those very early projections of one to two million deaths if we did nothing and just let the virus run its course? That’s based on 150 to 200 million people getting COVID-19, and a one percent death rate. Are one to two million dead people an acceptable price to pay? I wish that question had been posed more directly.

Please note, that’s one to two million deaths from coronavirus, and that’s assuming it burns out after infecting 60% of the population – there isn’t anything magical to stop it from getting to, say 80% of the population, which adjusts the death toll up to about three million. That also doesn’t take into account deaths from heart attacks and strokes and falling down the stairs and whatnot that couldn’t be treated because the hospitals are completely overwhelmed from COVID-19 cases. Remember when we were concerned about that? Back before we all agreed that “flattening the curve” was for the collective good? Boy, those were the days.

But let’s say we get lucky and manage to limit ourselves to “just” one million deaths. It turns out that a significant number of COVID-19 patients experience serious and lasting health effects from the disease, and may need lifelong health care as a result. So maybe add in another five to ten million people with permanent health conditions, some of which will be disabling, some of which will be very expensive to treat. Are we approaching a price point that is too high yet?

I mean, it sure seems to me that all that death and destruction would also be bad for the economy, and that’s before we mention the effects of a society where anyone can just get infected at any time. I’m sure the places in America that rely heavily on tourists and foreign travelers will be happy with this. “Come visit Disneyland! You probably won’t get COVID-19 and die, but even if you do, YOLO!” I can’t decide if Chip Roy hasn’t fully thought this through, or if he has and he’s decided it’s still better to let pestilence win.

Oh, yeah, one more thing: We don’t know yet that getting COVID-19 means that you’ll be immune to it afterwards. You may be immune to it for awhile, but maybe not for all that long. What would be worse than getting COVID-19? Getting it a second time. That’s gotta suck.

So yeah. Even when you factor out the utter depraved sociopathy, it’s still a bad idea. Don’t you wish now that Donald Trump had been pushing full-tilt for universal testing and contact tracing? In his defense, he had a lot going on. Maybe next pandemic, if he’s not too busy. In the meantime, support Wendy Davis for Congress in CD21. She would prefer not to let millions of people die.

State Supreme Court is skeptical of stay-at-home orders

They’re not ready to act yet, though.

In turning down a case challenging Gov. Greg Abbott’s order allowing certain Texas businesses to reopen, the Texas Supreme Court hinted Tuesday that it is sympathetic to constitutionality concerns raised by coronavirus restrictions.

The state’s highest civil court declined to take the case —spearheaded by a Dallas salon owner whose decision to open in defiance of the order prompted demonstrations and TV spots over the past few weeks — saying lower courts should first consider whether the restrictions should stand. The Texas Supreme Court is generally the “court of last resort.”

Justice James D. Blacklock wrote in the opinion Tuesday that during a public health emergency, the onus is on the government to explain why its measures are necessary and why other less restrictive measures would not adequately address the threat. District courts will need to decide how to judge whether that’s been accomplished, he wrote.

“When the present crisis began, perhaps not enough was known about the virus to second-guess the worst-case projections motivating the lockdowns,” Blacklock wrote. “As more becomes known about the threat and about the less restrictive, more targeted ways to respond to it, continued burdens on constitutional liberties may not survive judicial scrutiny.”

[…]

The businesses argue in their suit that local authorities do not have the power to close businesses or threaten fines or jail time. The suit says that local stay-at-home orders mandating closures of certain, but not all businesses, are unconstitutional. Instead the governor should have convened a special legislative session as the Texas Constitution allows in the case of a “disease threat,” it says.

Business owners across Texas “are having their legal and constitutional rights, and the constitutional rights of their businesses, continuously infringed as long as these authorities are allowed to enforce executive orders, and particularly so when the executive orders are enforced arbitrarily,” the suit states.

They are seeking a court order to block enforcement of all local orders and had hoped to skip over district courts by going straight to the state high court.

I have to say, I don’t have any particular problem with this. They were right to send this back to the lower courts, which is where the facts can and should be established. They are right that local and state government must adequately justify their actions and not go overboard. There’s certainly a case to be made that Greg Abbott is doing way too much on his own, without involving or even informing legislators of his actions. Calling a special session to get things done takes time, which isn’t always in abundance, and we are in a place where no one really knows what is the optimal thing to do so we had been fairly cautious up till now. We will hopefully have a much better idea how to react – and have a federal government that is capable of responding to events like these – the next time we have to. In the meantime, it’s good and right to have a thorough discussion about what we should be doing and how we should be doing it, and making sure the government is accountable for its decisions.

Texas blog roundup for the week of May 4

The Texas Progressive Alliance hopes everyone has a galactically great Star Wars Day as it brings you this epoch’s roundup.

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