Off the Kuff Rotating Header Image

June 26th, 2020:

Straight ticket voting lawsuit tossed

Not a big surprise.

A federal judge on Wednesday threw out Democrats’ effort to reinstate the straight-ticket voting option in Texas.

Siding with the state, U.S. District Judge Marina Garcia Marmolejo found that Democrats lacked standing to challenge Texas Republicans’ decision to kill straight-ticket voting ahead of the November general election. The judge dismissed the federal lawsuit after ruling that Democrats’ claims of the electoral fallout that could come from eliminating straight-ticket voting were too speculative.

The Texas Democratic Party — joined by the chair of the Webb County Democratic Party and the Democratic campaign arms of the U.S. Senate and House — filed the lawsuit in March on the heels of Super Tuesday voting that left some Texans waiting for hours to cast their ballots.

They claimed the elimination of straight-ticket voting is unconstitutional and intentionally discriminatory because the longer lines and waiting times it is expected to cause would be disproportionately felt at polling places that serve Hispanic and Black voters.

[…]

In her order, Garcia Marmolejo ruled that that Democrats’ predictions about the negative effects the lack of straight-ticket voting would have on voters and the election process were “uncertain to occur.” She also found fault with their assumptions that the Texas secretary of state and local officials would not work to “ameliorate the situation.”

Garcia Marmolejo also pointed to the likelihood that in-person voting would be transformed by the new coronavirus, which has led to long lines in other states where elections have already occurred during the pandemic, regardless of whether straight-ticket voting was eliminated.

“Considering the pandemic has already caused long lines at polling-places, many Texans will endure longer lines at polling places indefinitely, irrespective of any order issued by this Court,” she wrote. “And other Texans will experience shorter lines given that voters have been encouraged to steer clear from in-person voting where possible.”

See here for the background. I thought this case was weak, and I am not surprised by the ruling. I do find it ironic that the judge is citing vote by mail as a mitigation of the concerns raised by the plaintiffs. From your lips to John Roberts’ ears, Your Honor. Anyway, there’s still a lot of legal action going on out there. We’ll hope to get ’em next time.

Here comes the police task force

Now let’s see them do something.

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday announced the appointment of 45 people to a task force that will review Houston Police Department policies for potential reforms.

Laurence “Larry” Payne, a former staffer of Mayor Kathy Whitmire and U.S. Rep. Mickey Leland, will chair the committee, which includes activists, academics, business leaders, law enforcement officials and clergy.

Among them: Judson Robinson III of the Houston Area Urban League; Hispanic Chamber of Commerce CEO Laura Murillo; former criminal district court judge Marc Carter; George Ryne of the Texas Anti-Gang Center; and rapper Trae the Truth. The full list can be found here.

The task force is expected to bring recommendations in the next 60 days and to complete a report by Sept. 1, Turner said. Its work will invite widespread scrutiny from activists in the community who have pushed for far-reaching reforms and redirecting city funds away from police.

The launch of the working group was met with skepticism by some activists, who argued the city has studied the issue thoroughly in the past and that it is time for action.

“We believe it when we see it. Because we’ve never seen it,” said Tarsha Jackson, an advocate who formerly was the criminal justice director for the Texas Organizing Project.

See here for the background. There was more where that came from on Thursday.

More than 100 people called into a Houston city council committee meeting Thursday to demand that city leaders strengthen oversight of the police or dismantle the department altogether, as council members sought more information from law enforcement officials about potential reforms.

Among the hightlights: the Houston Police Department is not required to tell neighboring agencies when one of its recruits fails a psychological screening; and the chair of the Independent Police Oversight Board — one of the primary targets for reform among advocates and some elected officials — struggled to answer simple questions about how the board’s work could be improved.

Speaking in two-minute intervals, scores of residents challenged City Hall — often in harsh terms — to trade task forces and promises for direct, immediate action in the wake of protests over the death of Houstonian George Floyd. Their comments came a day after Mayor Sylvester Turner revealed the 45 members who will serve on his police reform task force, which generated widespread skepticism that continued Thursday into the committee meeting.

Roughly half the residents who called into the eight-hour meeting advocated for dismantling the police department, with some endorsing a strategy to strip a quarter of its funds every year for four years. They urged that those resources be diverted to other services, such as housing and health care. Other frequent targets included the oversight board; the negotiations underway for a new contract with the Houston Police Officers’ Union; and the department’s refusal to release body camera video and an audit of its narcotics division.

Skepticism is an entirely fair and rational response, and I say that as a supporter of Mayor Turner. I don’t know what this task force might come up with that hasn’t already been proposed, but at least we’ll find out in relatively short order. If I were advising Mayor Turner, I’d go back and review some of those things, and see which of them I could get implemented now, via another executive order or Council action. Maybe the value this task force can provide is by blunting the usual opposition to any meaningful change. Let’s just say the clock is running, and the case for decisive action will never be greater. Transform Houston has more.

We need to understand what we did wrong

So yeah, we need this.

Two of the nation’s most influential experts on the coronavirus pandemic, both based in Texas, are calling for an independent, nonpartisan investigation of the U.S. response to the novel coronavirus.

“We must prevent this from happening again,” said Gerald Parker, who directs the pandemic and biosecurity program at Texas A&M’s Bush School of Public Service. “This is not going to be our last pandemic.”

Peter Hotez, a Houston-based vaccine researcher and frequent commentator on cable news, noted that the current virus, SARS-CoV-2, is the third coronavirus to pose a major health threat in the last 20 years. And given that outbreaks had already wreaked havoc in China and Europe, U.S. public health systems were notably slow to respond.

“What hurt Wuhan was what hurt New York City,” said Hotez, “which is that virus transmission went on for six weeks before there was any public health intervention.”

In a videotaped interview with John Sharp, chancellor of The Texas A&M University System, Parker suggested an investigation modeled on the nonpartisan 9/11 Commission.

[…]

Hotez, who also participated in the interview with Sharp, said later that he feared a congressional panel would become “a political circus.” Instead he proposed a review by the National Academies of Sciences, Engineering and Medicine.

Among the questions Hotez wants answered: How, for the whole month of February, did the U.S. miss evidence that the virus was already here? Given the crowding and high number of underlying conditions in low-income neighborhoods, what was done to prepare African-American and Hispanic communities in the early days? Why didn’t the CDC have a centralized epidemiological model, including models of cities and metropolitan areas? And how can the U.S. prepare for future epidemics?

For those who are fans of comparing government to business, this is a very standard business thing to do. Call it an after-action review, or a root cause analysis, or just a plain old audit, it really is vital to learn from experiences, good and bad, so that you can understand what happened and why it happened, and what you can do better next time. I think we can all agree that there is plenty to be learned from this saga, and we all owe it to ourselves to do that. I would hope that much is non-controversial.

But let’s be real, there’s no way to do this that won’t involve politics. You can put together the bluest of blue ribbon panels, staff it with the bona fidiest of experts, and stick entirely to a just-the-facts narrative, it’s still going to be political. That’s because the single biggest actor in this drama was Donald Trump, and his influence on the decisions made at the state and local level was entirely political. Any review that doesn’t do a thorough accounting of this isn’t worth the effort. If Republicans haven’t figured out that Trump’s mishandling of this is what’s killing them in the polls right now, I can’t help them, but I would think they’d want to help themselves. If we manage to get an all-Democratic government next year (please, please), I won’t really expect Republicans to like anything such a report would say. That’s shouldn’t be the point, or anyone’s concern. Do a thorough review, get all the facts out into the open, learn everything there is to be learned, and let the chips fall where they may.

Back to Collin County for the Paxton trial

Where it all began.

Best mugshot ever

Years after it was sent to Harris County, the criminal case against Texas Attorney General Ken Paxton will move back to his native Collin County, a Harris County judge ruled Thursday.

Paxton, a Republican, was indicted in 2015 on felony securities fraud charges, but the case has yet to go to trial as side battles persist over the venue where he will be tried and the amount the special prosecutors will be paid.

A judge moved Paxton’s case to Harris County years ago, after prosecutors said they could not get a fair trial in Collin County, Paxton’s home and former district from his time in the state Legislature. His wife, state Sen. Angela Paxton, R-McKinney, now represents the region.

But Ken Paxton’s defense team argued last year that the judge who initially ordered the move to Harris County did not have the authority to do so, as his time overseeing the case had elapsed. The two attorneys prosecuting Paxton, Brian Wice and Kent Schaffer, disputed that at a December hearing and said the case belongs in Harris County. But Judge Robert Johnson, a Democrat, agreed with Paxton’s defense team in an order this week.

Wice pledged to appeal the decision.

“The only thing more wrong than the judge’s ruling is that it took him almost a year to make it,” he said. “We’re confident the court of appeals will set it aside and keep venue in Harris County where it belongs.”

See here for the previous update, and here for a full timeline of L’Affaire Paxton. Judge Johnson had said at that December hearing that he’d rule by the end of the month. I have no idea what happened with that, but here we are. As I said then, the only sure thing in all this is that it will eventually end up before the Court of Criminal Appeals. I don’t even have it in me to make a joke at this point. The Chron and the DMN have more.