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September 9th, 2021:

More on the AG response to the “heartbeat” bill

Yes, like this.

Democrats on the U.S. House Judiciary Committee are calling on U.S. Attorney General Merrick Garland and the Department of Justice to prosecute people who are now empowered to file lawsuits against abortion seekers under Texas’ new abortion law.

In the letter signed by all Democratic members of the committee, including Texas Reps. Sylvia Garcia, Sheila Jackson Lee and Veronica Escobar, Committee Chairman Jerrold Nadler of New York urged the department to take legal action against “would-be vigilantes” and reiterated Supreme Court Justice Sonia Sotomayor’s dissent in the ruling.

“The Department of Justice cannot permit private individuals seeking to deprive women of the constitutional right to choose an abortion to escape scrutiny under existing federal law simply because they attempt to do so under the color of state law,” the Democrats’ letter said. “Indeed, the Department is fully empowered to prosecute any individual who attempts, ‘under color of any law,’ to deprive a United States citizen of ‘any rights, privileges, or immunities secured or protected by the Constitution.’”

The members went on to call the new Texas law a clear violation of women’s right to choose an abortion under the landmark Roe v. Wade decision.

[…]

This call for action comes after Garland issued a statement Monday saying law enforcement officials were exploring options to challenge the law “to protect the constitutional rights of women and other persons, including access to an abortion.”

Garland said DOJ officials have contacted U.S. attorneys and FBI field offices to “discuss our enforcement authorities,” but did not go into detail on specific enforcement measures.

That’s in line with what I wanted. There’s plenty of ideas out there. We need to see them get translated into action. Sooner rather than later would be nice. The Chron has more.

We really need a mask mandate at every school district

Or we can just accept a lot more hospitalized kids. Easy choice if you ask me.

The number of Texas children hospitalized with COVID-19 hit an all-time high over the weekend, with 345 on Saturday and 307 on Sunday, the highest two-day stretch recorded during the pandemic, according to data from the Texas Department of State Health Services.

The data follows a national trend of rising pediatric COVID hospitalization rates. A study from the Centers for Disease Control and Prevention released Friday shows the highest rate of increase among teenagers and children 0-4 years old. The study also found unvaccinated adolescents were 10 times more likely to need hospitalization compared to their vaccinated peers.

Children under 12 are ineligible for any of the available COVID-19 vaccines.

School reopenings and “pandemic fatigue” are two primary reasons for the statewide increase, said Dr. Katelyn Jetelina, an epidemiologist at UTHealth School of Public Health in Dallas and author of the popular blog “Your Local Epidemiologist.”

“The more that kids interact with each other, the more this is going to transmit,” she said, adding, “We really need to step up our mask game. Parents really need to invest in good masks to wear for their school.”

She urged parents to buy N95 masks for their children and to “lead by example” with their own mask-wearing habits.

Multiple studies have shown masks help reduce COVID transmission indoors. The CDC study also recommends universal masking in schools, where cases are soaring in Texas. The state health department on Aug. 29 recorded 51,904 COVID cases among Texas students since the 2021-22 school year began.

I mean, we’re a year and a half into this pandemic. We do know all this stuff already. I get that some people are tired of doing pandemic things, but 1) if said person is not vaccinated then they can just STFU right now, as this is all their fault, and 2) as the kids say, we may be done with the pandemic but it’s not done with us.

Thankfully, HISD is doing it right.

While outbreaks have forced some districts to close schools already, Houston ISD has fared comparatively well two weeks into its school year.

By midday Friday, the state’s largest district of nearly 200,000 students had confirmed 1,085 active cases among students and staffers, according to its dashboard.

The most important mitigation strategy the district could implement is one it already has in place — ensuring people wear masks, Superintendent Millard House II said Thursday.

“As we look at the data in our schools, yes we have COVID cases,” House said during an agenda review meeting. “But if we look at the percentage of spread in our schools in comparison to the number of kids that we have, it looks — it does not look bad in comparison to some of the other schools that don’t have mandates in place.”

Health professionals agree the mask mandate may be helping HISD reduce the risk transmission inside its classrooms, even as kids younger than 12 remain ineligible to be inoculated and the delta variant continues to spread mostly unchecked in the Houston area.

“I attribute it to that,” said Dr. Quianta Moore, Huffington Fellow in child health policy at Rice University’s Baker Institute for Public Policy. “There are some schools that the parents and the community are wearing masks and they are also having low transmission.”

As I said before, I don’t want to get overconfident, but again, we know that masking helps. Given the risks, the current legal status, and the complete lack of consequences for defiance, I can’t think of any good reason for a school district to not have a mask mandate in place. We’re either trying or we’ve given up.

Another catastrophe averted, for us

Sooner or later our luck is going to run out.

If Hurricane Ida had veered west and hit Galveston, its 15-foot storm surge could have devastated the city and plowed up the Houston Ship Channel, smashing into residential communities and industrial facilities; its 150 mph winds could have left much of the Houston area without power for weeks, experts said.

The region dodged yet another bullet last Sunday when Ida made landfall in Louisiana, inflicting catastrophic damage on its residents, property and oil-driven economy.

But Houston’s streak of relatively good luck since Hurricane Harvey four years ago is unlikely to last as climate change is expected to bring about more destructive hurricanes and sea level rise. A Category 4 hurricane such as Ida — which brought a triple threat of wind, storm surge and torrential rainfall — would have wreaked havoc on the Bayou City.

Unlike New Orleans, which strengthened its levee system after Hurricane Katrina in 2007, Houston hasn’t completed any substantial projects to protect the region against surge from a major hurricane such as Ida. The stakes are high: The Houston area is home to 7.1 million residents, one of the busiest shipping ports in the country and the nation’s largest concentration of critical oil and gas facilities.

“We are sitting ducks right now for a storm,” said Bill Merrell, a Texas A&M University professor who began advocating for an “Ike Dike” coastal barrier system years ago that has yet to get congressional approval.

If Ida had hit Galveston instead of Port Fouchon, La., the hurricane could have caused devastating damage across the Houston region, meteorologists said.

Ida’s 15-foot storm surge would have been smaller than Hurricane Ike’s 22-foot storm surge, the worst of which hit Bolivar Peninsula and parts of Chambers County in 2008. The Port of Houston’s facilities, which are built 20 feet above sea level, likely would have survived.

[…]

Bob Stokes, president of the Galveston Bay Foundation, said hurricane mitigation efforts should go beyond the barrier project. While the Ike Dike could help stop an Ida-like storm surge, the barrier system isn’t designed to withstand winds from a Category 4 or 5 hurricane or prevent major flooding inland from rain. Harris County has undertaken a number of projects since Hurricane Harvey to increase storage capacity for and conveyance of rainfall; a separate Corps project looking at addressing rainfall is still in the planning phase.

Just as power plants should be ordered to weatherize their equipment for winter freezes, Houston leaders should be urging the oil and gas industry to shore up thousands of chemical storage tanks along the Gulf Coast, which are vulnerable to spills in the event of storm surge and extreme winds. And more homes along the Ship Channel should be bought out or elevated, Stokes said.

“Even if you think the coastal barrier is a great solution, it shouldn’t be the end solution,” Stokes said. “Even if you had all the money in hand, it will take decades to build. We can be doing more in the short term that could make a big difference.”

This story is an advertisement for building the Ike Dike, but as it and this other story make clear, there has to be more. The Ike Dike is necessary but not sufficient. We have done some things in the Houston area, with the 2018 referendum helping out even as it has had its problems, but as always there is more to do.

I tend to look at problems like this through a cybersecurity lens. Anyone in that business will tell you that you cannot fully eliminate your risk – indeed, in the context of a large business network, it’s guaranteed that you will experience breaches and infections – but there are many things you can do to mitigate them. No one thing covers all scenarios, but the various solutions overlap and complement each other, with the idea being that if one thing doesn’t work then something else will, and if all else fails you can detect and respond to the situation quickly. It’s called “defense in depth”, and it’s sturdier and more resilient than any single solution, because if you just rely on one thing to keep you safe and that one thing fails in some way, you’re hosed. We need the Ike Dike and we’ve needed it for a long time, but even as we finally move towards getting it, we will continue to need more than that. The more we can do right now to bolster and complement the future Ike Dike, the better off we will be.

Texas blog roundup for the week of September 5

The Texas Progressive Alliance stands with the abortion providers and patients of Texas as it brings you this week’s rounup.

(more…)

Special election set for HD118

The last of the vacancies to be filled at this time.

Rep. Leo Pacheco

Gov. Greg Abbott has picked Sept. 28 as the date of the special election to replace former state Rep. Leo Pacheco, D-San Antonio.

The candidate filing deadline is Monday, and early voting starts Sept. 20.

Pacheco resigned effective Aug. 19 to take a job with San Antonio College.

House District 118 is anchored in San Antonio and covers parts of Bexar County south and east of the city. It is a Democratic-friendly district, though Republicans have already made clear they are eyeing it in the special election.

See here for some background. I did not note the HD10 special election that happened earlier this month and is now headed for a runoff. As this moment, the count is 82 Republicans and 66 Democrats, with the former about to tick up. As we know, a Republican won the last HD118 special election, but it was one of those weird early-in-an-even-year races where there was basically nothing at stake, and turnout was dismal. Now-former Rep. Pacheco easily won it back in the regular 2016 election. HD118 is slightly more Democratic as of 2020 than it was in 2016, though it remains potentially competitive in another weird turnout situation. The next special session will be in full swing when this race happens, but the same may not be true for the runoff, which is all but assured with at least two Dems and two Republicans so far running. This one could go any number of ways.