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October 13th, 2021:

Interview with Eva Loredo

Eva Loredo

We now move over to HCC District 8, which is my district, and a visit with two-term incumbent Eva Loredo. Loredo spent 36 years as an educator, serving as teacher and principal, and is now a consultant. She consulted with TejasLEE as a national trainer for the University of Houston, and conducted the Houston METRO Light Rail Safety School Program for students. She became an HCC Trustee in 2009 via the weirdest path imaginable – see here, here, and here for the details. I interviewed her in 2015 when she ran for re-election the first time; you can listen to that here. Here’s what we talked about this time:

PREVIOUSLY:

Sue Deigaard, HISD District V
Anne Sung, HISD District VII
Elizabeth Santos, HISD District I
Janette Garza Lindner, HISD District I
Matias Kopinsky, HISD District I
Bridget Wade, HISD District VII
Maria Benzon, HISD District V
Dwight Jefferson, HISD District VII
Mac Walker, HISD District VII
Holly Maria Flynn Vilaseca, HISD District VI
Myrna Guidry, HISD District IX
Greg Degeyter, HISD District VI
Adriana Tamez, HCC District 3
Reagan Flowers, HCC District 4

Justice Department files its brief with the Fifth Circuit

Good luck. They’re going to need a lot of it.

Right there with them

The Biden administration urged the courts again to step in and suspend a new Texas law that has banned most abortions since early September, as clinics hundreds of miles away remain busy with Texas patients making long journeys to get care.

The latest attempt Monday night comes three days after the 5th U.S. Circuit Court of Appeals reinstated the nation’s most restrictive abortion law after a brief 48-hour window last week in which Texas abortion providers — following a blistering ruling by a lower court — had rushed to bring in patients again.

The days ahead could now be key in determining the immediate future of the law known as Senate Bill 8, including whether there is another attempt to have the U.S. Supreme Court weigh in.

[…]

“If Texas’s scheme is permissible, no constitutional right is safe from state-sanctioned sabotage of this kind,” the Justice Department told the appeals court.

In wording that seemed to be a message to the Supreme Court, the Justice Department raised the specter that if allowed to stand, the legal structure created in enacting the law could be used to circumvent even the Supreme Court’s rulings in 2008 and 2010 on gun rights and campaign financing.

It is not clear when the 5th Circuit court will decide whether to extend what is currently a temporary order allowing the Texas law to stand.

See here and here for the background. Yesterday was the deadline for the briefs to be filed for the Fifth Court to consider whether to allow the restraining order put in place by Judge Pitman to remain or to continue to stay it and thus allow the extremely unconstitutional SB8 to be enforceable. You know my opinion of the Fifth Circuit. I figure they only bothered to ask for briefs so they’d know how to customize their order allowing SB8 to stay in place. We have to go through the motions regardless. Whatever they do, this will go to SCOTUS next. In the meantime, maybe the court should consider and address the state’s true motives, for then at least we might have some clarity. Axios has more.

Abbott goes max anti-vaxx

He really wants us dead.

Texas Gov. Greg Abbott on Monday issued another executive order cracking down on COVID-19 vaccine mandates — this time banning any entity in Texas, including private businesses, from requiring vaccinations for employees or customers.

Abbott also called on the Legislature to pass a law with the same effect. The Legislature is in its third special legislative session, which ends Oct. 19.

“The COVID-19 vaccine is safe, effective, & our best defense against the virus, but should always remain voluntary & never forced,” he said in a tweet announcing his latest order.

The order marks a significant reversal after Abbott previously gave private businesses the choice to mandate vaccines for workers. An Abbott spokesperson said in late August that “private businesses don’t need government running their business.”

For weeks, Abbott has been under pressure from some on his right to go further in prohibiting vaccine requirements, and one of his primary challengers, Don Huffines, celebrated the latest order.

[…]

The latest move appears to be at least partly motivated by President Joe Biden’s actions in September that require all employers with more than 100 workers to mandate vaccines for workers or test weekly for the virus. Biden also required all federal government workers and contractors to get vaccinated, leading nearly all the major airlines — including American Airlines and Southwest Airlines headquartered in Texas — to announce they’d abide by the mandate.

See here for more on his previous order, which as noted explicitly avoided including private companies. There’s no question that this is one part a toddler’s response to the Biden executive order, but also a coward’s response to the toxic ravings of his primary opponents. Abbott’s weakness and ineffectuality are just embarrassing. Whether it’s enough to get a plurality of voters to turn against him, that’s the zillion dollar question.

As noted in the story, big employers like airlines are going to comply with the Biden order, which applies to companies with at least 100 employees. The Abbott order, to whatever extent it has an effect, will affect smaller companies.

Experts agree Abbott’s order — which says even private companies in Texas cannot “compel receipt of a COVID-19 vaccine by any individual” — would likely be trumped by President Joe Biden’s requirements that federal contractors and businesses with 100 or more employees require vaccines. Major corporations based in Texas, including Southwest Airlines and American Airlines, said Tuesday they would abide by Biden’s rules over Abbott’s.

The federal rules are still in the works, but even after they’re enacted they won’t affect the majority of the state’s workforce. The big businesses affected by Biden’s rule employ 44 percent of Texas workers.

How much protection the governor’s latest order provides to those 56 percent of workers employed by the smaller companies, however, is another question. Legal experts were split on whether those fired for refusing to get a shot could start collecting unemployment, for instance. Some attorneys believe Abbott has clearly opened the door for those workers to get benefits, while others argued the order stops well short of making such a guarantee.

And the order is likely to prompt conflicting rulings from judges at various levels of the court system, as has Abbott’s effort to stop schools and local governments from enacting mask mandates. Repeatedly, the state has admitted in court that it has no plans to enforce the ban on mask requirements, saying that is up to local district attorneys.

“You have these orders coming down at various levels. I think if you’re a consumer or even an employee, you’re kind of in a tough spot if you’re choosing to not be vaccinated,” said Alfonso Kennard, Jr., a Texas-based employment attorney. “The path of least resistance would be to be vaccinated.

“At a minimum, all it does is give some entity the ability to point to something and say, ‘The governor said this, so I should be OK,’” Kennard said. “But a week from now, a judge could say it isn’t lawful.”

The Texas Workforce Commission would not say whether the order impacts unemployment claims, saying only that each is handled on a case-by-case basis with the “totality of the job separation” taken into consideration.

Kalandra Wheeler, an employment attorney based in Houston, said Abbott’s order would appear to make it easier for unvaccinated workers to argue they deserve unemployment.

“What they have to establish for you not to get benefits is that you either resigned and there was no good cause connected to the work, or that you were terminated for misconduct,” Wheeler said. “I think there’s less of an argument you’ve done those things when the governor issues a ban that says you’re not required to get the vaccine.”

Randall Erben, a law professor at the University of Texas who previously worked as Abbott’s legislative director, said he believes the order was “very carefully drafted, very thoughtfully drafted, and drafted in a way that makes it harder to challenge and more easily enforceable.” Importantly, it doesn’t mention anything about unemployment eligibility.

“The executive order doesn’t really get into that,” he said. “What it says is a private employer can’t compel an employee to get a vaccine. What an employer does after that is not addressed in the order. It’s not even really contemplated.”

If there’s one thing that is clear, it’s that this will be a busy time for the lawyers. Actually, it’s also clear that Abbott has no qualms about contradicting himself:

OK, it’s also clear that we are already living in Don Huffines’ Texas. Abbott is just blowing in the wind. If you like this and want it to continue, you know what to do. Same for if you don’t. The Chron and the Trib, in a truly brutal analysis that includes observations such as how Abbott is “so overwhelmed by politics that he’s become a Random Policy Generator, throwing out edicts that make sense only if you forget everything he said before”, have more.

HD118 runoff on November 2

Should help a bit with turnout, I guess. Better than some random day in January, anyway.

Gov. Greg Abbott announced Monday that Nov. 2 will be the date of the special election runoff to replace former state Rep. Leo Pacheco, D-San Antonio, a seat that Republicans are pushing to flip.

Early voting begins in a week.

The runoff for the Democratic-leaning seat in House District 118 features Democrat Frank Ramirez and Republican John Lujan. Ramirez is a former staffer for the San Antonio City Council, while Lujan briefly held House the seat in 2016.

Lujan finished first in the initial special election late last month, getting 42% of the vote to 20% for Ramirez. There were two other Democrats on the ballot and one other Republican.

Republicans have latched on to the race as an early test of their drive to make new inroads in South Texas after President Joe Biden underperformed there last year. Meanwhile, Democrats are working to show they will not be upset like they have been in past special elections in the San Antonio area.

Nov. 2 is also the date of the statewide constitutional amendment election.

See here for the background. Just for grins, the turnout in Bexar County in 2019 for the constitutional amendments was 9.6%, and in 2017 it was 3.7%. I’ve forgotten the entire year 2019 so I couldn’t tell you if there was something on that ballot that might have moved people – there wasn’t anything specific to Bexar or San Antonio that year that I saw. Like I said, may push the runoff totals up a bit, but probably not very much. And I am once again asking you to remember that Bexar County is not in South Texas, and that Democrats in Bexar County did better in 2020 than in 2016, including in HD118. Doesn’t mean Dems can’t lay an egg there, just that the “South Texas” narrative strikes me as misguided. Anyway, if you live in this district or know someone who does, make sure they get out and vote.